Legal Challenge Pauses Ontario Place Redevelopment

Part of the controversial redevelopment of Ontario Place on Toronto‘s waterfront has faced a temporary halt following a legal challenge granted to a group known as Ontario Place Protectors by the Ontario Superior Court.

The group, consisting of heritage, architectural, and cultural organizations along with private citizens, is set to argue the constitutionality of the Rebuilding Ontario Place Act, which they claim exempts the provincial government from judicial oversight and breaches public trust.

The ongoing work to transform Ontario Place’s West Island into a spa and waterpark operated by Therme has been affected by this legal pause, as the Act in question gives the government significant powers to sidestep environmental, heritage, and cultural safeguards.

Lawyer Eric Gillespie representing Ontario Place Protectors highlighted the far-reaching implications of dismissing their constitutional challenge, pointing out that it may set a concerning precedent for future developments beyond Ontario Place.

The Rebuilding Ontario Place Act, part of the larger Bill 154 known as the New Deal for Toronto Act, was swiftly passed through the legislature, expanding the powers of the infrastructure minister and exempting the redevelopment from the Environmental Assessment Act.

Previously, an attempt by another group to enforce an environmental assessment was blocked by the Act, sparking concerns about the broader implications on environmental protection laws.

Eric Gillespie plans to argue on the basis of the public trust doctrine during the upcoming court hearing, emphasizing that natural resources such as Ontario Place belong to the people of Ontario and future generations, thus constituting a breach of trust by the current government.

Infrastructure Minister Kinga Surma refrained from commenting on the case’s potential outcome, citing its pending court proceedings and emphasizing readiness for the July 19 hearing.