Overview
- The Attorney General and transportation minister filed the appeal on Aug. 21, challenging the July 30 decision that struck down the plan targeting lanes on Bloor, Yonge and University.
- The province argues the lower court exceeded its jurisdiction and made errors of law, saying there is no positive constitutional right to the permanent maintenance of bike lanes.
- Government submissions contend restoring a motor‑vehicle lane would ease congestion and note a shift from outright removal to “reconfiguring,” which the judge called a distinction without a difference.
- Justice Paul Schabas found removals would increase risks of injury and death and that expert evidence, including provincial data, showed negligible travel‑time benefits from removing protected lanes.
- Cycle Toronto and Ecojustice, which led the successful challenge, say they will defend the ruling on appeal, as Premier Doug Ford criticizes the decision and the government keeps the notwithstanding clause on the table; a minister’s spokesperson says design work for removals continues.