The outcome of the Superior Court hearing is significant because if Morgan decides for the Town, ClubLink will not be able to appeal Oakville council’s rejection of its demolition application to the Local Planning Appeal Tribunal (LPAT).

“What the Town is doing here is trying to subvert the rule of law by denying ClubLink property rights to which it is entitled,” said Earl Cherniak, ClubLink lawyer.

Cherniak noted what the Town is proposing is even worse than an expropriation because not only would the Town not be paying ClubLink anything for the property, but they would be forcing the company to maintain the property as a championship golf course capable of hosting tournaments like the Canadian Open.

Cherniak said doing so would cost ClubLink around $2 million per year.

He argued the Town is using the Ontario Heritage Act to subvert ClubLink’s efforts to get their demolition application before LPAT and called on Morgan to allow LPAT to consider the application on its merits.

Later in the discussions Morgan posed a number of questions about the mechanics of the Town’s designation of Glen Abbey Golf Course.

“What if the owner wasn’t a business, but an individual and they wanted to retire? You can’t force them to work,” said Morgan.

“You can’t force a business to stay in business. What happens if they go bankrupt?”

The Town’s lawyers argued the only matter Morgan needs to rule on is whether ClubLink’s demolition application is valid.

ClubLink lawyer Mark Flowers said the application is valid arguing the Glen Abbey Golf Course is a series of structures because they have been constructed.

Town lawyer Sandra Barton argued the golf course is a landscape noting the fact that parts of it were built is not the point since landscapes can contain structures.

Flowers also reiterated ClubLink’s position that it did not appeal Glen Abbey’s designation to the Province’s Conservation Review Board because the recommendations are not binding on the municipal council.

He also disputed the Town’s apparent position that because ClubLink did not take this route it has lost its right to object.

Barton said the legislature makes the decision where ClubLink can appeal so there will be balance in matters of heritage conservation.

Flowers also clarified that ClubLink’s application does not include the removal or redirection of Sixteen Mile Creek from the property.

He said in the development proposal 50.11 hectares (54 per cent of the total site) would be made up of publicly accessible green space.

With the information presented Morgan is now tasked with making a decision concerning the ClubLink application.

It is unclear when that decision will be delivered.



