(A woman rides her bike on the Bloor bike lanes.)
Today the Ontario Superior Court of Justice denied our injunction to stop the province from removing bike lanes in Toronto.
While the decision is disappointing, it doesn’t impact the bigger charter challenge and our chances of success on the merits of the case. The judge agreed that our case raises serious concerns about potential harm the lane removals could cause to cyclists. That hearing is scheduled for April 16th.
In court this week, however, new documents were released that belie the province’s own statements that the legislation is in the public interest.
Included among the documents were a government-commissioned report in late 2024 from engineering firm CIMA estimated that removing critical bike lane infrastructure would increase collisions by 54 per cent–that’s all collisions, not just people on bikes. Furthermore, removing the bike would lead to an increase in cyclists using sidewalks, creating hazards for pedestrians.
The documents also show what we’ve been saying all along: the proposed removal of the three downtown Toronto bike lanes would be unlikely to achieve Ontario’s goal of reducing congestion and tackling traffic, a key claim repeated by the province without evidence to justify the legislation. Now we know even the province’s own experts don’t agree.
On the legal matter, the injunction outcome was based on the “balance of convenience,” one component of a three-part test used by the Court to determine whether to grant an injunction. In cases like this one, where an applicant seeks to suspend the operation of validly passed legislation, the Court presumes that the legislation is in the public interest and serves a valid purpose.
But from our perspective, nothing in the content of Ontario’s documents is a surprise. MTO and their experts confirm what Cycle Toronto, advocates, and opponents to this legislation have been saying all along that:
1) Ripping out bike lanes won't solve congestion and will make traffic worse
2) There is no mythical network of secondary roads that could replace the target bike lanes
3) Moving ahead with these removals will put people's lives at risk
While we’re not taking anything for granted, those documents, including high level conversations with Ministry of Transportation staff, also suggest that removal work isn’t imminent in the next couple of weeks.
We remain confident and look forward to a full examination of the evidence at the hearing on April 16th.
Read more:
Court challenge happening for Doug Ford's bike lane removal law | CBC
Doug Ford’s bid to remove Toronto bike lanes faces its first legal hurdle | Toronto Star
Cycling advocates seek injunction to halt potential work to remove Toronto bike lanes | City News
Cycling advocates call for court injunction over Toronto bike lane removals | Global News
Judge reserves decision on Doug Ford’s bid to remove Toronto bike lanes | Toronto Star
Removing bike lanes will likely worsen gridlock, lead to more collisions: government documents | The Trillium
Court denies injunction to stop Ontario removing Toronto bike lanes before legal challenge | CBC
Doug Ford’s removal of Toronto bike lanes can start next week, court rules | Toronto Star
Judge denies injunction to stop the province from ripping up Toronto bike lanes | City News
Court denies injunction to stop Toronto bike lane removals | The Trillium
Toronto cyclists lose bid to force Ford government to pause bike lane removals | Global News
Court denies injunction but agrees bike lanes challenge raises serious issues | Ecojustice
