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Ontario Court Rejects Developer's Bid to Overturn Greenbelt Land Return

Canada's Ontario Court of Appeal has upheld a lower court ruling, rejecting a developer's constitutional challenge against a 2023 law that returned 15 parcels of land to the protected Greenbelt. The decision keeps the reclaimed land off limits to development, closing another chapter in the province's Greenbelt saga.

·ottown·3 min read
Ontario Court Rejects Developer's Bid to Overturn Greenbelt Land Return
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Court backs Greenbelt reversal

The Ontario Court of Appeal has sided with a lower court decision, rejecting a developer's constitutional challenge to a 2023 law that returned 15 parcels of Greenbelt land to protected status. The ruling upholds the province's move to reverse one of the most controversial land-use decisions in recent Ontario history.

The case traces back to late 2022, when the Ontario government opened sections of the Greenbelt, the protected band of farmland, forests, and wetlands that wraps around the Greater Golden Horseshoe, for housing development. That decision triggered public backlash, a scathing report from the province's auditor general, and an RCMP investigation into how specific parcels were chosen for removal. Facing mounting pressure, the government reversed course in 2023, passing legislation to put the land back under Greenbelt protection.

The developer's argument

At least one developer who stood to benefit from the original land swap challenged the reversal in court, arguing the 2023 law was unconstitutional. The specifics of the constitutional argument centred on how the province can and cannot alter land-use designations once they've been granted, but both the lower court and now the Court of Appeal found the legislation stands. The developer's challenge was dismissed at both levels.

Why this matters across Ontario

The Greenbelt controversy became a flashpoint for how land-use decisions get made in Ontario, touching questions of transparency, lobbying influence, and environmental protection. The reversal law was widely seen as an attempt by the province to draw a line under the controversy and restore public trust after the auditor general's report found the original selection process favoured a small number of well-connected developers.

For Ontario residents, particularly those in the fast-growing communities ringing the Greater Toronto Area, the Greenbelt represents a buffer against unchecked sprawl, protecting farmland and natural areas that support the region's food supply and water systems. Keeping the reclaimed parcels protected means those specific lands stay off the table for housing development, at least for now.

What's next

With the Court of Appeal's ruling, the legal path for developers looking to challenge the Greenbelt reversal narrows considerably. It's not clear whether the developer involved in this case will seek to appeal further to the Supreme Court of Canada, but for now, the 15 parcels in question remain protected under Ontario law.

The ruling adds a measure of legal finality to a saga that has played out over several years and multiple provincial governments' worth of scrutiny, giving conservation advocates a win in one of Ontario's most closely watched land-use disputes.

Source: CBC News

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