Ontario’s Appeal for Bike Lane Injunction Rejected by Court

Cyclists ride in a bike lane in Toronto, in a file photo. The Canadian Press/Nathan Denette

An Ontario court has dismissed the province’s challenge to a court order that temporarily halted its plans to remove bike lanes from three major Toronto roadways.

Cycling advocates are calling the court’s decision a victory, because it prevents the province from removing the bike lanes on Bloor Street, University Avenue, and Yonge Street until a judge has had the chance to rule on their Charter challenge of a bike lane removal law enacted by the government last fall.

Justices Faye McWatt, Nancy Backhouse, and Richard Lococo of Ontario’s Superior Court of Justice dismissed the province’s appeal on July 8, upholding an injunction granted by another judge this spring.

“The motion for leave to appeal the decision of Schabas, J. dated April 22, 2025 is dismissed,” the judges wrote. “Since there were no costs outlines filed, no costs shall be awarded.”

A spokesperson for Transportation Minister Prabmeet Sarkaria suggested that not all of the bike lane work will be put on hold, however, despite the ruling.

“We will continue with the design work necessary to begin removals of bike lanes and get some of our busiest roads moving, as soon as possible,” spokesperson Dakota Brasier said in a media statement. “While we respect the court’s decision, our government was elected with a clear mandate to get people out of traffic by restoring driving lanes.”

Cycle Toronto, the organization spearheading the challenge, said in a press release that the legislation allowing Ontario to eliminate the bike lanes is “arbitrary and puts lives at risk.”

The province says removing the lanes is necessary to alleviate congestion on busy roads.

Legal Challenge

Cycle Toronto and two individuals filed the challenge last December to the government’s law that targeted the three Toronto bike lanes.

In April, Superior Court Justice Paul Schabas ordered the government to refrain from touching the bike lanes until he determines if the law is unconstitutional.

Ontario sought leave to appeal the injunction in May after Premier Doug Ford criticized the judge during an April 30 press conference, saying his decision was based on “ideology” rather than law.

“Don’t the judges have anything better to do than worry about if we’re taking out bike lanes or not taking out bike lanes?” Ford said. “Some judge, because of ideology, decides ‘Well, let’s put an injunction on bike lanes.’ You’ve got to be kidding me. The system is broken.”

If the judge ultimately rules that Ontario’s law doesn’t violate the Charter, the province’s plan to eliminate bike lanes will “put people’s lives at risk,” Cycle Toronto executive director Michael Longfield said in the press release.

“We urge the province to abandon this bad-faith culture war and collaborate with municipalities on real solutions to make our streets and communities healthier, safer, and more vibrant,” he said.

Road Safety

Ford has long stressed the importance of addressing traffic congestion in Toronto.

Ontario’s legislation, formerly known as Bill 212, is one way to do that because it set the wheels in motion for the province to eliminate bike lanes on sections of Bloor Street, Yonge Street, and University Avenue without having to consult the City of Toronto.

Ford has said the bike lanes use up critical space that could be used by vehicles.

The legislation also requires municipalities to obtain approval before installing bike lanes on arterial roads and limits cyclists’ ability to sue the government if someone is injured or killed on parts of the road where a lane has been removed.

The prohibiting lawsuits clause was a late addition to the bill that was much debated in the legislature before it was fast-tracked through last fall.

New Democrat MPP Jessica Bell questioned the addition during debate of the bill on Nov. 25.

“The government wants to block lawsuits arising from people being injured and killed because of the removal of the Bloor, Yonge, and University Avenue bike lanes,” she said. “It shows the Conservatives know full well that incidents of injury and death are going to go up.”

The legislation passed its third reading by a vote of 66–27, despite some objections. It received royal assent on Nov. 25

Sarkaria has said the bill is not just about helping to address congestion but also encourages cyclists to “use secondary roads, which is also safer for them.”

“We’ve got to get this city moving,” he added. “It’s about making sure that everyone is safe on the roads.”

The Canadian Press contributed to this report.