Supreme Court to hear challenge of law allowing Ontario Place redevelopment

The Supreme Court of Canada will hear an appeal from a coalition challenging the constitutionality of legislation that opens the door to major changes at Ontario Place.

The urban park on the Toronto waterfront, opened in 1971, included a theatre that showed movies on a huge screen, children’s play areas and several pavilions suspended above the water.

The Ontario government plans to redevelop Ontario Place to include an elaborate spa operated by a private company.

The coalition Ontario Place Protectors challenged the provincial Rebuilding Ontario Place Act on the basis that it insulates state action from scrutiny by the courts and therefore violates the Constitution.

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The coalition also argued that exemptions from environmental and heritage laws and municipal noise regulations amount to a breach of public trust.

A judge dismissed the application and a challenge of the ruling in the Ontario Court of Appeal was also unsuccessful, prompting an application to the top court.