Blogs Mondaq Canada Court Is Not Forum For Resolving Political Grievances (Ontario Place Protectors v. Ontario)

Court Is Not Forum For Resolving Political Grievances (Ontario Place Protectors v. Ontario)

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This blog updates an earlier blog that I wrote on August 16, 2024 in connection with the Ontario Superior Court of Justice decision in Ontario Place Protectors v. His Majesty the King in Right of Ontario, 2024 ONSC 4194 (CanLII).

With the exception of reversing the Superior Court's decision on the issue of public interest standing, the Court of Appeal for Ontario in Ontario Place Protectors v. Ontario, 2025 ONCA 183 (CanLII) unanimously upheld the lower court's decision, which permits the province to redevelop Ontario Place.

Ontario Place is located on the waterfront in Toronto, and was opened as an urban park in 1971. Ontario Place featured a Cinesphere with an IMAX cinema, several pavilions and other attractions. However in 2012, Ontario's then provincial Liberal government closed most of the venues at Ontario Place because they were no longer profitable.

In 2018, the new provincial Conservative government under Premier Doug Ford envisioned re-opening Ontario Place to the public. The old Ontario Place Corporation was dissolved and a new board of directors was introduced as part of Premier Ford's plan.

Eventually, Premier Ford's government passed the Rebuilding Ontario Place Act, 2023 (the "ROPA") to facilitate the redevelopment of Ontario Place. Among its provisions, the ROPA exempted Ontario Place from existing statutory regulation, including the Environmental Assessment Act, the Ontario Heritage Act, and the City of Toronto's ability to regulate noise. As well, the ROPA extinguished causes of action against the Crown...

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