Battle over Doug Ford's Ontario Place redevelopment heads to Supreme Court

The Supreme Court of Canada has granted leave to appeal a challenge by Ontario Place Protectors to the Rebuilding Ontario Place Act, which allowed the province to fast-track redevelopment and exempt the site from environmental assessment; a hearing is expected later this year.

The Supreme Court of Canada has agreed to hear an appeal in a challenge to the provincial law used to fast-track the Ontario Place redevelopment. Opponents, organized as Ontario Place Protectors, argue the Rebuilding Ontario Place Act removed environmental and heritage safeguards and limited courts' powers; lower courts rejected their challenge. The redevelopment has proceeded with site modifications and plans that include a spa and waterpark operated by Therme Canada, a larger concert venue, a relocated science centre and expanded parking. Lawyers for the Protectors say the appeal raises questions under Section 96 of the constitution and about whether a public trust doctrine should apply to shoreline and public resources in Canada. Key facts: - The Supreme Court granted leave to appeal but gave no reasons for that decision. - Ontario Place Protectors challenge the constitutionality of the Rebuilding Ontario Place Act, saying it exempts the site from environmental and heritage review and limits judicial oversight. - An Ontario Superior Court ruling in October 2024 upheld the law, and Ontario's Court of Appeal later affirmed that decision. - A hearing at the Supreme Court is expected later this year, and the Protectors plan to raise funds to cover legal fees. Summary: The Supreme Court will consider whether the province can use the Rebuilding Ontario Place Act to bypass traditional safeguards and limit court review, including arguments about Section 96 and a public trust doctrine. A hearing is expected later this year; the ultimate effect on the ongoing redevelopment is undetermined at this time.