Ontario takes 1st step to appeal injunction preventing it from removing Toronto bike lanes

Muriel Draaisma · CBC News

· Posted: May 07, 2025 5:40 PM EDT | Last Updated: 30 minutes ago

The Ontario government has taken its archetypal measurement to entreaty a impermanent injunction that prevents it from ripping up 3 Toronto motorcycle lanes until a justice decides whether its program to region them is unconstitutional.

On Wednesday, the Ministry of the Attorney General filed what is called a announcement of question for permission to entreaty an April 22 determination by Superior Court Justice Paul Schabas. 

In that decision, Schabas ordered the government not demolish the motorcycle lanes connected Bloor Street, Yonge Street and University Avenue until helium makes a determination connected a Charter situation by cycling advocates of provincial legislation. The injunction is successful unit until helium rules connected the challenge.

Schabas said successful his ruling that nonaccomplishment to contented an injunction would "cause much harm and inconvenience to the nationalist interest" than allowing the authorities to beryllium implemented, and that the government did not supply grounds astir the process by which it would region the lanes oregon what it plans to enactment successful their place.

Asked wherefore it seeks to overturn the injunction, the ministry said successful an email connected Wednesday that Ontario wants to proceed with its plans.

"As we've ever said, we request to support our busiest roads moving and that's precisely what we're doing," ministry spokesperson Dakota Brasier said.

Decision to appeal 'fuelled by spite,' advocates say

Cycle Toronto, an advocacy radical that says it works to marque Toronto a "healthy, harmless and vibrant cycling metropolis for all," said successful a connection connected Wednesday that the authorities is ignoring what its ain experts person told it.

"The facts are clear: ripping retired motorcycle lanes won't lick congestion and volition enactment people's lives astatine risk. The provincial government's ain experts agree. Today the provincial authorities confirmed they don't attraction astir the facts," the radical said successful the statement.

"Today's determination by the state is simply a distraction, fuelled by spite, coming disconnected past week's rant from the Premier that had a fewer inconsistencies with the information and earnestly undermined judiciary independence."

Last week, Premier Doug Ford went connected a rant astir immoderate provincial judges, arguing they are brushed connected transgression and interfering successful municipal issues based connected ideology, and floated the thought of electing judges successful Canada arsenic is done in parts of the U.S. He besides singled retired the injunction, saying the state planned to entreaty it.

"We get democratically elected, and immoderate justice slaps an injunction connected motorcycle lanes. Don't the judges person thing amended to bash than interest astir if we're taking retired motorcycle lanes oregon not taking retired motorcycle lanes?" Ford had said.

WATCH | CBC's Lane Harrison looks astatine national information connected motorcycle lanes:

The state gave itself the powerfulness past twelvemonth to region 19 kilometres of protected motorcycle lanes, contempt the objections of the city. It passed a instrumentality that requires cities to question provincial support to instal caller lanes that chopped into conveyance traffic.

In the injunction, Schabas said: "The operation costs associated with building, and demolishing, these motorcycle lanes is significant. It is apt that the motorcycle lanes are much easy removed than rebuilt oregon restored."