Fuelled by Spite: Province takes first step to appeal injunction

(Cycle Toronto’s Rally for Justice on April 15th. Photos: Joshua Best)

The facts are clear: ripping out bike lanes won’t solve congestion and will put people’s lives at risk.

Today the provincial government confirmed they don’t care about the facts.

Last month, the Ontario Superior Court of Justice heard our legal challenge against Bill 212, the provincial government's reckless and arbitrary scheme to thwart local democracy and rip out nearly 19 km of protected bike lanes on Bloor, Yonge, and University against the will of Toronto City Council. While the judge weighs the merits of the case, a decision that could take weeks if not months as the seriousness of the Constitutional matter is considered, we had a major win and were granted an injunction to stop any attempts at removal in the public interest.

The judge’s comments were scathing about the province’s evidence or lack thereof. Internal documents unveiled through the proceedings reveal that that despite all their culture-war bluster the provincial government knows that their anti-bike lane legislation is arbitrary and not in the public interest:

“Cycling has been shown to have a positive impact on congestion in North American cities.”
“....the net result of bike lane removals could simply be more vehicles queued along already congested streets without significant reductions in travel times.”
“[removing protected bike lanes]...suggests more than 54% increase in the total number of collisions (i.e., for all road users, not just those involving cyclists).”

(Ministry of Transportation internal briefing document from August 24, 2024. Image: Ontario Superior Court of Justice)

Today’s announcement by the province is a transparent and expensive distraction—driven by spite and undermined by factual inconsistencies. It followed an indignant rant that disrespected the independence of our judiciary and misrepresented the rule of law.

The province cannot directly appeal the injunction. Instead, it must first apply for leave to appeal—a multi-step process that will take weeks, if not months, before the court even decides whether to hear the case. Only if leave is granted does a formal appeal process begin, with its own timeline. In the meantime, unless Justice Schabas delivers his final ruling, the injunction remains in effect and there is no immediate threat to the bike lanes.

Let’s step back for a moment. Only two jurisdictions in the world have dared put forward legislation similar to what Premier Ford and the provincial government have cooked up: US President Donald Trump’s threats about bike lanes in New York City, and now Alberta Premier Danielle Smith’s attempts to block bike lanes in Edmonton. Is that the company Ontario wants to keep–regressive outliers showing open hostility to sustainable city-building?

The provincial government lost their seat in Etobicoke-Lakeshore that was the epicentre of this original controversy. The provincial government lost the moral argument around protecting the public interest with our injunction.

(March 23, 2025 Op Ed in Toronto Today: “Anti-bike lane campaigns are a losing battle in Toronto”)