THURSDAY,OCTOBER24,2019 | THEGLOBEANDMAILO REPORTONBUSINESS | B19
The owners of the storied Glen
Abbey golf course and the Town
of Oakville, Ont., each won a
round on Wednesday in their fight
over the proposed destruction
and redevelopment of the proper-
ty.
In its decision, Ontario’s Court
of Appeal restored five bylaws the
town had passed that could
thwart Clublink Corporation’s
plans. A judge had ruled in De-
cember the bylaws were invalid.
The Appeal Court did, howev-
er, invalidate the town’s conserva-
tion plan as it relates to Glen Ab-
bey on the basis that it would have
forced Clublink to keep operating
the golf course against its will.
“The town had statutory au-
thority to pass all the impugned
bylaws, they were not passed in
bad faith, and they are not void for
vagueness,” Justice Alison Harvi-
son Young wrote for the court.
“However, the town did not have
the authority to approve the con-
servation plan.”
Glen Abbey, the first links de-
signed by golfing legend Jack
Nicklaus, is arguably Canada’s
most famous course. The site,
whose design emphasizes the
spectator experience, has been
home to the Canadian Open on
about 30 occasions as well as oth-
er memorable golfing events.
Apart from its golfing world sig-
nificance, Oakville has for dec-
ades regarded Glen Abbey as hav-
ing important historical value. It
also passed a bylaw designating
the landmark course as having
cultural heritage value.
“The quality of the golf course
and its connection to the Cana-
dian Open have been important
in defining the character of this
community and giving it a dis-
tinct place within the larger To-
ronto metropolitan area and be-
yond,” the bylaw states.
According to Golf Canada,
more than 50 courses have closed
across the country in recent years,
in part due to increased residen-
tial-development pressures.
Clublink, which purchased the
94-hectare property in 1999, de-
cided Glen Abbey had also run its
course. In 2015, it said it wanted to
build up to 3,200 residential units
on the site, along with office and
retail space. The town responded
by designating Glen Abbey as a
heritage site. It passed five general
bylaws that effectively blocked
Clublink’s development plans. It
also passed a conservation plan
requiring town consent for any
changes to the course that affect
its heritage attributes.
In December, Superior Court
Justice Edward Morgan sided with
the owners and quashed the by-
laws as well as the conservation
plan. Among other things, Mor-
gan found the municipality had
no authority to enact the mea-
sures and that the town had acted
in bad faith by what amounted to
expropriation of Glen Abbey.
Clublink appealed, arguing
Morgan’s findings were all wrong.
The higher court agreed, uphold-
ing only his decision that the con-
servation plan was void.
“To comply with the conserva-
tion plan, Clublink has no practi-
cable option but to continue to
operate the golf course as it cur-
rently is, and minor changes to its
course are subjected to town ap-
proval,” Harvison Young said.
“This runs afoul of the clear limi-
tation on the town’s otherwise ex-
pansive jurisdiction over the
sphere of heritage.”
Oakville’s lawyer Tom Curry
said he was pleased the court con-
firmed the town’s authority to
pass the bylaws and had set aside
the bad-faith finding. For his part,
Clublink lawyer Earl Cherniak
said he welcomed the quashing of
the conservation plan, saying the
owner could now proceed with its
application to demolish the
course and redevelop the proper-
ty.
In a dissenting view, Justice Ian
Nordheimer said he would have
ruled in favour of the town’s abil-
ity to enact the conservation plan.
Separately, the Court of Appeal
ruled in an associated case on
Wednesday that the golf course is
a “structure” under provisions of
the Ontario Heritage Act. The rul-
ing has implications for the routes
Clublink must take in its quest to
demolish the course.THE CANADIAN PRESSOntariocourt
restoresfive
bylaws,rejects
conservation
planinGlen
Abbeygolf
coursecase
COLINPERKELTORONTOW
hen Martin Brodeur was a
youngster growing up in Mon-
treal, he played goalie on one
team and forward on another.
His mother Mireille, who endured anx-
ious moments over the years watching
Brodeur’s father between the pipes, had a
suggestion for young Martin.
“My mom didn’t want me to be a goalie,”
Brodeur recalled Wednesday. “She said,
‘Go score goals, don’t be a goalie.’ She was a
wife of a goalie and that’s not good usually
- too nervous.”
Brodeur didn’t take her advice, instead
choosing the netminder position and fol-
lowing in the footsteps of his father, Denis.
It was a path that would lead Martin to the
Olympic podium, just like his dad.
Brodeur also won the Stanley Cup three
times over 22 seasons in the NHL. He
earned the Vézina Trophy as the NHL’s best
goaltender on four occasions.
He was rewarded for his stellar career
Wednesday with his induction into Cana-
da’s Sports Hall of Fame.
Brodeur headlined a class of 2019 that
included freestyle skier Alex Bilodeau,
hockey player Jayna Hefford, para-nordic
skier and wheelchair racer Colette Bour-
gonje, water polo player Waneek Horn-
Miller and long-distance swimmer Vicki
Keith.
Former CFL commissioner Doug Mitch-
ell and rowing athlete, coach and official
Guylaine Bernier entered as builders.
Brodeur set NHL marks for regular-sea-
son wins (691), shutouts (125) and games
played (1,266), spending almost his entire
career with the New Jersey Devils.
“I was really fortunate to play on good
teams and stay out of the medical room for
most of my career,” he said. “That’s some-
thing that I took a lot of pride in, being du-
rable when I played.
“I think the longevity of my career is
something that I’m really proud of.”
Denis Brodeur, a long-time sports pho-
tographer, posted a 3-1 record to help Cana-
da to a third-place finish at the 1956 Winter
Games in Cortina d’Ampezzo, Italy. Martin,
meanwhile, served as a backup at the 1998
Nagano Games before winning Olympic
gold at Salt Lake in 2002 and Vancouver in
2010.
“I’m proud [to] be a part of an Olympic
family,” Brodeur said. “My dad won a
bronze medal and I won two gold medals.
Not too many father and sons can say that.
It’s pretty cool.”
Hall inductees were chosen from 260
public nominations. The class of 2019 was
feted at a morning induction festival news
conference in the Barbara Frum Atrium at
CBC headquarters. A gala and ceremony
were scheduled for Wednesday evening at
the Metro Toronto Convention Centre.
Bilodeau, from Rosemère, Que., won
Olympic moguls gold in 2010 and defend-ed his title four years later in Sochi.
Hefford, who grew up in Kingston,
played 17 seasons of international wom-
en’s hockey before retiring in 2014. A five-
time Olympic medalist, she reached the
podium 12 times at the world women’s
hockey championship.
Bourgonje, from Porcupine Plain, Sask.,
won 10 Paralympic medals over her career.
She’s the only Canadian female athlete to
compete in both the Summer and Winter
Paralympics.
Horn-Miller won over 20 medals in mul-
tiple events at the North American Indige-
nous Games. The Montreal native also won
gold at the 1999 Pan American Games in
Winnipeg.
Keith was best known for crossing some
of the most daunting bodies of water in the
world as a marathon swimmer. The Winni-
peg native set world records on 16 occa-
sions over her career.
Mitchell, from Calgary, founded the BLG
Awards (now the Lieutenant Governor
Athletic Awards) and served as CFL com-
missioner from 1984-89.
Bernier, a native of Saint-Léon-le-Grand,
Que., competed in women’s rowing at the
1976 Montreal Games. She has been in-
volved in the sport in a variety of roles for
over four decades.
New at this year’s ceremony was the ad-
dition of the Order of Sport. Inductees
were presented with a scarf and silver lapel
pin or pendant in recognition of their role
in contributing to communities and sup-
porting sports.THE CANADIAN PRESSCanada’sSportsHallofFame2019InducteeJaynaHeffordspeaksinTorontoonWednesday.Hefford,whoretiredin2014,isafive-time
Olympicmedalistandreachedthepodium12timesattheworldwomen’shockeychampionship.FRANK GUNN/THE CANADIAN PRESS
Brodeur,Heffordheadline
CanadaSportsHallclassof2019
SkierBilodeauandwheelchair
racerBourgonjealso
amongthosehonoured
forstellarcareers
GREGORYSTRONGTORONTO
“This really spoke to me and it spoke to me
on a number of levels,” Cheng said. “I can’t
say I’m a true athlete. I’m a lawyer by day
struggling to get in a little bit of exercise.
“I feel women in sports are underval-
ued. Women in sports are under-represent-
ed. We need those champions. We need
those Bianca Andreescus of the world.
“Historically, women have also been less
inclined to be donors. Or maybe not en-
couraged.”
Roos uses a video of the success of Cana-
dian women in Rio to show prospective 150
Women donors what the investment
means.
Olympic champion wrestler Erica Wiebe
was a Canfund recipient prior to her tri-
umph in Rio.
While train-
ing with her
teammates at a
camp in Italy
this year, the
30-year-old
from Stittsville,
Ont., and oth-
ers on the na-
tional women’s
team were all
told they would
receive 150
Women sponsorships.
“The jaws just dropped and everybody
just looked at each other and there were
tears, laughter, it was absolutely insane,”
Wiebe said. “No matter what industry
you’re in, the support from your female
colleagues and your female friends is often
a game-changer as to whether you’re suc-
cessful or not.”
Toronto entrepreneur Jody Shulgan wit-
nessed Wideman’s reaction the night the
softball player received her cheque at the
Canfund office.
“Hands over her mouth, tears.” Shulgan
said. “She couldn’t speak for a couple of
minutes. It was so beautiful, powerful and
empowering. Success takes support. When
someone is being supported in what
they’re doing ... it’s irreplaceable to know
you have someone there for you and when
it’s coming from someone you don’t even
know, it’s even more so.”
THE CANADIAN PRESS
Canfund:‘Ifeelwomeninsportsareundervalued,’donorsays
FROMB14SoftballplayerNatalieWideman,left,seeninOklahomaCityin2013,saysthe$6,000
chequeshereceivedfromCanadianAthletesNowiscrucialtohergoalofbecoming
Canada’scatcheratthe2020SummerOlympics.SUE OGROCKI/THE ASSOCIATED PRESSCanadianwrestlerEricaWiebe,left,seenatthe2018CommonwealthGamesinAustralia,
says‘thereweretears[and]laughter,’whensheandherteammatesfoundoutthey’dbe
receivingCanfund150Womensponsorships.YE AUNG THU/AFP/GETTY IMAGESHistorically, women
have also been less
inclined to be
donors. Or maybe
not encouraged.
MAYCHENG
TORONTO LAWYER WHO
DONATED TO CANFUND