Ford’s fast lane to nowhere hits legal speed bump

Demetris Vohaitis - LJI Reporter
The Ontario government has suffered a legal setback in its push to dismantle key urban cycling infrastructure, as a provincial court dismissed its attempt to appeal an injunction halting the removal of bike lanes on three major Toronto arteries.

In a ruling issued Tuesday, a three-judge panel of the Divisional Court denied the Ford government’s request for leave to appeal a Superior Court order barring the province from proceeding with the removal of bike lanes along Bloor Street, Yonge Street, and University Avenue. The injunction will remain in effect while a broader constitutional challenge makes its way through the courts.
The case, brought forward by Cycle Toronto and other advocacy groups, contends that recent legislative changes empowering the province to eliminate bike lanes violate the Canadian Charter of Rights and Freedoms by endangering public safety and arbitrarily revoking critical infrastructure. The government, they argue, failed to provide empirical evidence supporting its assertion that the removals would alleviate traffic congestion.

In his original ruling earlier this spring, Superior Court Justice Paul Schabas emphasized the public interest in cyclist safety and the lack of demonstrated necessity behind the province’s move. His decision ordered the Ministry of Transportation to pause any removals until the court had ruled on the constitutionality of the policy.
Despite Tuesday’s defeat in court, the Ford government signalled it is not backing down. In a statement issued shortly after the decision, Transportation Minister Prabmeet Sarkaria’s spokesperson, Dakota Brasier, reiterated the government’s commitment to its infrastructure agenda. “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,” Brasier stated. “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.”
The legal dispute comes amid mounting tension between Premier Doug Ford’s administration and urban transportation advocates over the province’s car-centric infrastructure policies. With Toronto’s population growth and climate goals placing increasing pressure on public officials to support active transportation, the court’s decision was swiftly hailed as a major victory for cycling safety and urban mobility.

Cycle Toronto’s leadership welcomed the ruling as an affirmation of due process and a warning against what they described as arbitrary policymaking. The case is now poised to test the constitutional boundaries of provincial intervention in municipal infrastructure, a politically charged issue with growing resonance in Ontario’s urban centres.

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