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Ontario Court Rejects Government’s Appeal Against Toronto Bike Lane Injunction

Divisional Court’s decision leaves Toronto’s three protected bike lanes intact pending a Charter review of Bill 212 with design work for removal already under way.

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

Overview

  • A three-judge Ontario Divisional Court panel dismissed the province’s motion for leave to appeal an injunction blocking removal of the Bloor Street, Yonge Street and University Avenue bike lanes.
  • Superior Court Justice Paul Schabas granted the injunction in spring, citing Charter rights to life and security and noting a lack of evidence that removing the lanes would reduce traffic congestion.
  • Cycle Toronto, which leads the Charter challenge against Bill 212, argues the law centralizing provincial control over municipal bike lanes is arbitrary and endangers cyclist safety.
  • The government says it respects the court’s ruling but will continue detailed design work to restore driving lanes once legal barriers are lifted.
  • City officials warn that tearing out the lanes could cost up to C$48 million in addition to the C$27 million already spent on construction, and question any projected congestion relief.