The judge also ruled against a resolution by the town council, who had green-lit a Cultural Heritage Landscape Conservation Plan for the course, which was designed by golf legend Jack Nicklaus. The intention by Clublink is to demolish the course and construct residential buildings at the property, including multiple apartment buildings, but the town has expressed opposition to this plan.

“[T]here is nothing in theOHA or otherwise in provincial legislation and policy that empowers a municipality to require a private business — whether it is a cemetery, a farm, or a golf course — to keep running as a business. The Conservation Plan for Glen Abbey stands alone in that regard,” said the ruling.

“For the Impugned By-laws to ignore the economic impact on the property owner, and to effectively require a property owner not only to maintain its property but to stay in business, all for the benefit of other residents of the Town, is to reflect bad faith decision-making. And the community-spirited intentions of Town officials and council in enacting these measures provide no defense.”

The owners had presented multiple issues with the bylaws to the court.

“Clublink submits that the Impugned By-laws areultra vires the Town and are in conflict with provincial legislation that prohibits the enactment of by-laws addressing services and other things related to recreation and culture. Secondly, Clublink submits that the Town’s conscious disregard of the financial consequences of the Impugned by-laws, and the singling out of Glen Abbey in the enforcement of the Impugned By-laws, reflect the Town’s bad faith in enacting them,” said the ruling. “Thirdly, it is Clublink’s position that enactment of by-laws aimed specifically at its property, but drafted in general rather than specific language, has resulted in them being vague and unintelligible.”

Leo Longo, a senior partner at Aird and Berlis LLP in Toronto and certified specialist in municipal law, says it’s clear that the judge “felt that he had a pretty compelling case presented by Clublink that the city fell afoul of all three points on the challenge.”