Marineland has pleaded not guilty to charges over the care of three young black bears and has asked to have the charges stayed.
The Niagara Falls tourist attraction has filed a motion to have the case stayed over what it says is an abuse of process.
Ontario's Animal Welfare Services laid three charges against Marineland last May for failing to comply with an order.
The province had previously ordered Marineland to build an enclosure for the bears -- named Slash, Lizzie and Toad -- with climbing structures and permanent access to water.
Marineland says it complied with the order because it forfeited the bears to the Crown rather than building an enclosure.
The park argues the removal was a form of compliance.
The Crown says Marineland was non-compliant to the orders and subject to charges for its failure to do so.
The justice of the peace has reserved her decision.