Oral arguments heard December 11, 2020 by the Divisional Court

BRANTFORD, ON – On August 13, 2020 Know Your City Inc. filed an application for judicial review against The Corporation of the City of Branford 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. The City opposed the application for judicial review and has maintained throughout the litigation that the decision to sell Arrowdale was lawful and was made in a fair, transparent and open manner. The City maintains that Council’s decision to sell Arrowdale was compliant with the City’s internal procedures, contractual obligations, its statutory duties and the common law.  

Today, oral argument was heard at the Divisional Court. Both Know Your City Inc. and the City were given the opportunity to explain their respective cases to the judges and highlight evidence and law in support of their positions.

Consistent with the City’s position throughout, the City argued that the legislative process and the decision to sell Arrowdale was compliant with the City’s internal procedures and statutory duties. The City also argued that the process was open, transparent and provided residents an opportunity to voice their opinions regarding the sale of Arrowdale. In addition, the City argued that no member of Council approached the decision to sell Arrowdale with a closed mind and no member of Council displayed disqualifying bias during the decision making process regarding the sale of Arrowdale. Finally, the City argued that it met its commitment to notify community partners and First Nations that Arrowdale was listed for sale.

At the conclusion of today’s hearing the Divisional Court reserved its decision; therefore, a final decision on the merits was not issued today but is expected in the new year.  The exact timing of the decision will depend on judicial availability and resources, all of which have been strained due to impacts of the COVID-19 pandemic.

The City maintains that Council’s decision to sell Arrowdale was made lawfully, in good faith and with the honourable intent of supporting our most vulnerable community members.

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Media Contact: 

Maria Visocchi Director, Communications and Community Engagement
City of Brantford | Office: 519.759.4150 Ext. 5754 | mvisocchi@brantford.ca