Judge dismisses court challenge to stop Ontario Place redevelopment

Ontario Place is pictured in this aerial image Wednesday, November 1, 2023.

It appears construction at Ontario Place can now continue following a decision by the Ontario Superior Court of Justice to uphold the Rebuilding Ontario Place Act. 

In the decision, released Friday, Justice Lisa Brownstone dismissed a legal challenge by Ontario Place Protectors, who were trying to stop the province's redevelopment by arguing that the provincial act was unconstitutional.

The act gives the government special powers to expedite the redevelopment of the site, including an exemption from the Environmental Assessment Act.

Ontario Place Protectors were granted a one-day hearing on July 19 and the province previously agreed to pause some work at the site pending the court’s decision on the matter.

In a statement released Friday, Ontario Place Protectors said that while the decision "acknowledges that government action can go too far," in this particular circumstance, it is not the case. 

“The difficulty 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”, Eric Gillespie, legal counsel Ontario Place Protectors, said in a written statement. 

In a statement, a spokesperson for Attorney General of Ontario Doug Downey noted that the court also “declined to grant the injunctive relief sought by the applicant.”

“Our government is pleased with the decision and eager to move forward with this important project,” the statement continued.

“As this matter is in the appeal period it would be inappropriate to comment further." 

With files from Chris Fox