Ford government’s Ontario Place redevelopment challenge dismissed

Ford government’s Ontario Place redevelopment challenge dismissed

A lawsuit by lawyers seeking to halt the Ford government’s redevelopment of Ontario Place has been dismissed by the Ontario Superior Court. In a decision released Friday, Justice Lisa Brownstone ruled that the government’s new Rebuilding Ontario Place Act is constitutional, allowing construction to continue after it was halted pending the decision.

The bill, passed by the Ford government in December, exempts the project from the Environmental Assessment Act, giving the government special powers to accelerate the redevelopment of Ontario Place. The development plan includes a mega spa on the West Island waterfront, currently a popular picnic and park area.

This is the second court ruling this year in favor of the Ford government regarding the redevelopment of Ontario Place.

In addition to exempting Ontario Place from the Environmental Assessment Act, the law also grants zoning powers to Infrastructure Minister Kinga Surma.

The ruling allows the Ford government to move forward with the redevelopment of Ontario Place without the constraints of existing environmental, heritage and planning laws.

The judge hearing the case, Lisa Brownstone, found that the advocacy group that brought the lawsuit, the Ontario Place Protectors, had no standing — meaning the legal challenge was doomed to fail regardless of its merits. But she went on to reject both of the group’s other arguments.

The Ontario Place Protectors describe themselves as a broad coalition of organizations and citizens formed in response to the Ford government’s proposals for Ontario Place.

Eric Gillespie, legal counsel for the Ontario Place Protectors, says the decision raises serious concerns about future governance and legal oversight in Ontario.

“Today’s decision raises very real concerns for many people across Ontario,” he said, adding that he believes there is now nothing to prevent the government from doing the same for other projects, such as new highways, airports, the Greenbelt or any other project it supports.

The ruling allows the Ford government to proceed with the redevelopment of Ontario Place without the constraints of existing environmental, heritage and planning laws. #OntarioPlace #WestIsland #Mega-spa #courtchallenge

The court’s ruling acknowledges that government action can go too far, but it finds that in this case the government did not do so. Moreover, it is not even that rare for the government to take measures to protect itself from liability.

“The Legislature is free to create immunity clauses and has done so on numerous occasions,” Brownstone wrote in her decision.

The proponents disagree.

“The difficulty that many people will likely have with this ruling is that the government could not possibly have gone further than eliminating all remedies under all Ontario statutes,” Gillespie said in a statement. “People may not be aware of how far this legislation has gone and what it means for the future.”

Gillespie said Canada’s National Observer The Ontario Place Protectors have the right to appeal this decision to the Ontario Court of Appeal. The group is exploring this option.

In a statement, the group criticized the Ford government for pushing the Rebuilding Ontario Place Act through the legislature without any debate, hearings or opportunities for public comment. They said this lack of transparency undermines the democratic process.

The group argued in court that the law violates the Canadian Constitution and endangers Ontario’s democracy by allowing the premier and cabinet to circumvent key regulations including the Environmental Assessment Act, the Ontario Heritage Act, the Environmental Bill of Rights, the Provincial Growth Plan, the Provincial Planning Statement and Toronto’s noise bylaws.

The judge ruled that this argument had no basis.

“I am of the view that the applicant’s position vastly overstates the effect of the immunity provided in (the Rebuilding Ontario Place Act),” the judge wrote.

In an email response to Canada’s National ObserverOntario Attorney General Doug Downey’s office said the government was pleased with the decision and was eager to move forward with “this important project.” Downey’s spokesman added: “Given that this matter is in the appeal period, it would not be appropriate to comment further.”

Premier Doug Ford spoke to reporters Monday at an unrelated event, indicating he wants to transform Ontario Place into the country’s premier tourist destination.

Last month, the Ontario Superior Court of Justice dismissed a legal challenge aimed at halting the Ford government’s redevelopment plan for Ontario Place. The challenge, brought by advocacy group Ontario Place for All, called for a judicial inquiry and a full environmental review before the redevelopment could proceed.

The court ruled that the appeal had no chance of success because of the Rebuilding Ontario Place Act (ROPA), introduced last year by the Ford government, which excludes Ontario Place from environmental reviews.
The province’s plan to redevelop Ontario Place has faced significant public opposition, largely due to the loss of green space and undisclosed long-term lease transfers to Therme, the Austrian resort developer that received a 95-year lease from the government to build a private spa on Ontario Place. The decision to lease the land to Therme was made behind closed doors and presented to the public as a foregone conclusion.