Ontario Court Ruling Halts Plan to Remove Toronto Bike Lanes

August 05, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

A recent court ruling - Cycle Toronto et al. v. Attorney General of Ontario et al., 2025 ONSC 4397  has paused Ontario’s plan to remove several key bike lanes in downtown Toronto, citing potential safety concerns for cyclists. The decision has received attention across the province, including in the Kitchener-Waterloo area, where cycling infrastructure and road safety remain important local issues.

Overview of the Court Decision

On July 30, 2025, Justice Paul Schabas of the Ontario Superior Court of Justice issued a decision that prevents the provincial government from removing protected bike lanes along Bloor Street, University Avenue, and Yonge Street in Toronto. The judgment was the result of a constitutional challenge brought by Cycle Toronto and individual applicants.

The legal basis for the challenge was rooted in section 7 of the Canadian Charter of Rights and Freedoms, which guarantees the right to life, liberty, and security of the person. The applicants argued that removing bike lanes would elevate the risk of injury or death for cyclists using these roads, thereby infringing on those rights.

Justice Schabas agreed with the claim, stating that there was a “serious risk” of harm if the infrastructure were removed and that the government had not presented sufficient evidence to demonstrate how the lane removals would achieve their intended goal of reducing traffic congestion.

Background: Bill 212 and the Government’s Position

The ruling comes in response to Bill 212, the Reducing Gridlock and Improving Traffic Flow Act, passed in late 2024. The bill granted the provincial cabinet new powers to override municipal decisions regarding cycling infrastructure, particularly in cases where bike lanes replaced existing vehicle lanes.

The government had argued that certain bike lanes contributed to traffic bottlenecks and that their removal was intended to improve overall road efficiency. Under Bill 212, the province moved forward with a plan to remove several bike lanes in Toronto without municipal approval.

In April 2025, an injunction was granted to prevent the province from acting on this plan until the matter could be fully heard in court. That injunction was upheld by a Divisional Court in July 2025. The Superior Court’s latest ruling expands on that injunction by formally concluding that the proposed lane removals would be unconstitutional.

Local Reaction in Waterloo Region

While the case was centred on Toronto, cycling advocates in other Ontario communities have been closely following its outcome. In the Kitchener-Waterloo region, where active transportation is a growing focus, some local organizations viewed the decision as reinforcing the importance of maintaining and expanding cycling infrastructure.

Spokespersons for Cycle Waterloo Region expressed support for the ruling and emphasized the need for decisions around road infrastructure to be informed by local planning and safety data. They noted that investments in bike lanes are often made following public consultation and engineering studies, and that sudden policy reversals can undermine long-term mobility goals.

Relevance to Personal Injury Law

This decision highlights several issues that are relevant to the practice of personal injury law in Ontario:

1. Injury Risk and Infrastructure
   Infrastructure changes can have a direct impact on the likelihood of road-related injuries. Protected bike lanes have been associated with reduced accident rates involving cyclists. Their removal could potentially raise the number of collisions, which has implications for liability and damages in personal injury claims.

2. Policy and Legal Standards
   The ruling reinforces that policy decisions—particularly those that may increase public risk—must comply with constitutional protections. Legal challenges rooted in public safety concerns may find traction where evidence supports foreseeable harm.

3. Role of Municipal Decision-Making
   The case also raises questions about jurisdiction. Municipalities typically manage local road infrastructure, including decisions about active transportation planning. The court’s decision places limits on provincial authority in this context and may shape future governance of transportation policy.

What Comes Next?

The Ontario government has indicated its intention to appeal the decision. If pursued, the case could proceed to a higher court, potentially extending the legal debate into 2026. For now, the protected bike lanes in question remain in place, and municipalities retain the authority to maintain or develop new cycling infrastructure, subject to existing provincial frameworks.

Key Takeaways

• The Ontario Superior Court ruled on July 30, 2025, that the province's planned removal of several bike lanes in Toronto would infringe upon the Charter rights of cyclists.

• The court concluded that the policy could increase the risk of harm and was not supported by sufficient evidence showing it would reduce traffic congestion.

• This case may influence future decisions about active transportation infrastructure across Ontario, particularly regarding the legal responsibilities of governments to consider public safety.

• For personal injury lawyers, the ruling underscores the importance of infrastructure in preventing road-related injuries and the role of the courts in evaluating the balance between safety and policy objectives.

About Us

At Deutschmann de Koning Personal Injury Law, we monitor developments in infrastructure and road safety law across Ontario. If you’ve been injured in a cycling accident or motor vehicle collision, our team is here to help you understand your rights and pursue appropriate compensation.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.