City responds to Court of Appeal decision regarding Arrowdale

BRANTFORD, ON: On August 13, 2020 Know Your City Inc. (KYC) filed an application for judicial review against The Corporation of the City of Brantford with the Ontario Divisional Court. The application for judicial review asked the Court to review the City’s decision to sell a portion of the municipally owned property which was operated as Arrowdale Municipal Golf Course until November 16, 2020. On January 11, 2021 the Divisional Court released its decision. 

The Divisional Court’s decision was favourable to the City in all respects. The Divisional Court confirmed that the City acted appropriately in making its decision to sell a portion of the property and to retain a portion of the property for the future site of a community park which will be available to all residents year round, not just golfers. The Divisional Court stated:

[I]n this case, the facts to support advancing a successful argument on the basis of the City’s failure to follow its own procedure, or to give notice to the First Nations, or to keep an open mind simply did not exist. Unlike in Madger, it was not reasonable for the Applicant to bring the application.”

Following the release of the Divisional Court’s decision, KYC filed a motion for leave to appeal to the Ontario Court of Appeal. On April 28, 2021 the Court of Appeal released its decision denying KYC’s motion for leave to appeal. The Ontario Court of Appeal determined that leave was not appropriate in this case and that the Divisional Court had not committed any reviewable error of law or fact. As a result, the Divisional Court’s decision stands. The City is very pleased with this decision and absent any further appeals the City will move forward with the sale of 31.97 acres of land to Elite M.D. Developments (Elite) and will continue to develop a new community park. 

The resolution of Council, approved on December 17, 2019 directed City staff to dispose of Arrowdale Municipal Golf Course through a transparent, fair and open process. Consistent with this direction, the City entered into an agreement of purchase and sale with Elite and a portion of the Arrowdale property is currently under contract to be sold. The proceeds of the sale, less costs associated with the sale, will be allocated to affordable housing within the city of Brantford. In addition, the tax revenues generated from the redevelopment of the Arrowdale property will be transferred annually into a reserve fund dedicated to affordable housing initiatives to help support our community’s most vulnerable residents.

The City will also continue to develop a 17 acre park on a portion of the former Arrowdale Municipal Golf Course. Renderings of the conceptual park design will be shared with residents in the coming days and various park features/amenities will be highlighted on the City’s social media platforms, as well as on the City’s website at brantford.ca/ReimaginingArrowdale.

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