Ontario's top court upholds Greenbelt land restoration, rejecting developer's constitutional challenge
A 2-1 ruling Friday rejects Minotar Holdings' argument that the province violated judicial powers by returning 15 parcels to protected land.
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Ontario's Court of Appeal has sided with a lower court in rejecting a developer's constitutional challenge to a 2023 law that returned 15 parcels of land to the Greenbelt.
Minotar Holdings Inc. argued the legislation violated the authority of superior courts and "unwritten constitutional principles." In a 2-1 decision released Friday, the Appeal Court found the developer's argument would do "real harm to the balance of the Constitution and must be rejected."
The case traces back to 2017, when Minotar sued the province over its 210-acre parcel, which it long argued was erroneously included in the Greenbelt. The developer and province agreed in 2022 to settle by removing 37 acres from the protected land. But that settlement was voided in 2023 when scandal erupted over Premier Doug Ford's plan to open up Greenbelt land for development.
After scathing reports from the auditor general and integrity commissioner found unfair favouring of certain developers, Ford returned all 15 parcels to the Greenbelt, including Minotar's 37-acre tract. The law also required any future Greenbelt boundary changes to be done through legislation rather than regulation—effectively limiting judicial oversight of changes.
Minotar's lawyer had argued this immunized the government from court review. The Appeal Court disagreed, ruling that "legislative amendments alter the legal rights of persons through changes to substantive law. These are not constraints on inherent judicial powers; they fall within well-established modes of regulation."
Will Minotar appeal to the Supreme Court of Canada?
What other developer lawsuits related to the 2023 Greenbelt restoration remain pending?
We'll update this story as answers emerge.
The facts
How many parcels of land were returned to the Greenbelt?
Ontario's Court of Appeal upheld a 2023 law that returned 15 parcels of land to the Greenbelt after they had been removed during a development controversy.
Who challenged the Greenbelt restoration in court?
Minotar Holdings Inc., a developer, challenged the restoration on constitutional grounds, arguing the legislation violated the authority of superior courts and unwritten constitutional principles.
When did the Appeal Court rule on this case?
Ontario's Court of Appeal released its decision on Friday, August 28, 2026, voting 2-1 to reject Minotar Holdings' challenge.
What change did the 2023 law make to future Greenbelt boundary decisions?
The law required any future Greenbelt boundary changes to be made through legislation rather than regulation, effectively limiting judicial oversight of such changes.
