The legal action launched by Marineland alleges that the Ontario Society for the Prevention of Cruelty to Animals maliciously targeted the theme park in order to curry favour with animal rights activists and raise money. The lawsuit alleges the OSPCA launched a criminal investigation against Marineland last year for “improper purposes” and with the intention of harming the Niagara Falls amusement park’s reputation. The investigation ended with the laying of 11 animal cruelty charges against Marineland which were then withdrawn because the Crown attorney assigned to the matter concluded there was no reasonable expectation of a conviction. The stunning lawsuit alleges that the OSPCA was in fact attempting to shut down Marineland as part of an agenda to eliminate commercial zoos The OSPCA has not yet filed a statement of defence except to deny all the charges. Marineland is seeking $21 million in damages on grounds of malicious prosecution, negligent investigation, injurious falsehood, and abuse of power and process. “The OSPCA’s purpose in initiating the prosecution was not the enforcement of the law,” the statement of claim reads. “It was motivated by a series of improper objectives, including a desire to accomplish its own policy agenda, to mollify the animal activist community, to please its donors and to effectively destroy Marineland.”
