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Ontario Appeals Ruling That Blocked Toronto Bike-Lane Removals

The province argues the judge misapplied the Charter, setting up a new fight before Ontario’s top court.

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A cyclist rides in a bike lane on University Avenue in Toronto, Friday, Dec. 13, 2024. THE CANADIAN PRESS/Laura Proctor

Overview

  • The Attorney General and transportation minister filed a notice of appeal on Aug. 21 challenging the July 30 decision that found the planned removals unconstitutional.
  • Ontario’s filing claims the judge made multiple legal errors, arguing there is no constitutional right to bike lanes and that removing a harm‑reduction measure does not engage Section 7.
  • The Superior Court had ruled that taking out or “reconfiguring” the protected lanes would increase risks to cyclists and lacked evidence of congestion relief, calling the reconfiguration distinction meaningless.
  • The protected lanes on Bloor Street, Yonge Street and University Avenue remain in place under the ruling and injunction, as the government continues design work to restore motor‑vehicle lanes.
  • Cycle Toronto and Ecojustice say they will defend the decision at the Court of Appeal, while Premier Doug Ford has criticized the ruling and left open using the notwithstanding clause.