Court dismisses legal challenge to Ontario Place redevelopment

A legal challenge to halt the Ford government’s Ontario Place redevelopment plan was quashed Tuesday by the Ontario Superior Court of Justice.

The challenge, brought by the advocacy group Ontario Place for All, sought a judicial review and full environmental assessment before development of a mega-spa proposal proceeds on Toronto’s West Island, which is currently a popular picnic and park area.

In a decision released Tuesday, the court ruled that the challenge had no chance of success due to the law introduced by the Ford government last year excluding Ontario Place from environmental studies.

Aside from excluding Ontario Place from the Environmental Assessment Act, the Rebuilding Ontario Place Act (ROPA) grants zoning powers to Infrastructure Minister Kinga Surma. The government introduced the act a week after Ontario Place for All filed its legal challenge. The government then filed a court motion to quash the group's challenge.

“The question for the court is whether it is plain and obvious the application cannot succeed in the face of ROPA,” reads the court decision, which concluded that it was, in fact, “plain and obvious” that the application would fail.

This ruling removes one of the final obstacles before the Ford government can proceed with its redevelopment plan.

“I’m disappointed that the Rebuilding Ontario Place Act, which was brought to the legislature seemingly in response to our legal action, was used as the basis to quash our action,” said Norm Di Pasquale, co-chair of Ontario Place for All in a statement. “This bill which aims to strip all rights and protections from Ontario Place sets a terrible precedent for the future of Ontario’s public institutions.”

The group said redevelopment will remove about 840 trees, including over 600 mature ones. All existing vegetation and landscape contours by architect Michael Hough will be leveled. The project will also fill about 36,000 square metres of lagoons and waterways to add a dozen acres to the island.

The decision will be reviewed to decide on next steps, said Di Pasquale.

“This bill that strips away Ontarians’ rights and protections must be fought to protect the future of Ontario Place, as well as the Ontario public institutions that form the basis of our cultural identity as Ontarians,” reads the group’s statement.

Last year, Ontario's Auditor General announced a value-for-money audit would be conducted on the Ontario Place redevelopment, including the West Island and the decision to relocate the Ontario Science Centre to Toronto's waterfront within Ontario Place.

The Ontario NDP also released a statement saying the fight for Ontario Place is not over yet.

“We are disappointed to see this outcome,” said Ontario NDP MPP Chris Glover. “It is appalling that this government used their majority to retroactively change the law and push through this corrupt deal. There is an Auditor General’s report in the works, another court case and immense people power against this project — we know that the fight will continue.

“Only a corrupt government would ram through legislation that exempts itself from misfeasance and lawsuits for the sake of a private luxury spa. Who is benefiting from this project? Because it certainly is not the people of Ontario.”

The province's plan to redevelop Ontario Place has faced substantial public opposition, primarily over the loss of green space and secretive long-term lease land transfers to Therme, the Austrian resort developer that was granted a 95-year lease from the government to build a private spa at Ontario Place. The decision to lease the land to Therme was made behind closed doors and presented to the public as a done deal.

More than 900 people took part in public consultations on the future of the site held by city staff in April. Most Toronto residents who participated did not support the West Island redevelopment plans, a staff report noted.

Sidestepping environmental and transparency concerns, last month the Ford government introduced an enhanced Ministerial Zoning Order (eMZO) to expedite plans for the popular waterfront recreation area. Issued by unilateral decree from Queen’s Park, eMZOs also permit the government to avoid parts of Toronto’s planning process.

Canada’s National Observer reached out to Ontario's Attorney General for comment but did not receive a response in time for publication.