A judge has denied an injunction sought by cycling advocates to stop construction on Toronto bike lanes, paving the way for the province to begin removing them as soon as March 20.
Cycle Toronto filed the injunction ahead of their Charter of Rights and Freedoms challenge, set to be heard on April 16.
Executive Director Michael Longfield said the judge ruled the balance of convenience favoured the province, “but also noted this is a case with serious merit and we’re still confident for the Charter challenge itself on April 16.”
“The applicants have not met the heavy burden of establishing that an injunction preventing the removal of the target bike lanes even for a short period of time will do more for the public interest when considering the legislation’s stated purpose,” read the judge’s decision.
Ontario agreed to not begin can’t begin work to remove the lanes before March 20. The province has not yet indicated when it would start construction.
The legislation, Bill 212 which was passed last fall, requires municipalities to ask the province for permission to install bike lanes when they would remove a lane of vehicle traffic and specifically, remove bike lanes on Bloor Street, Yonge Street and University Avenue in Toronto.
Cycle Toronto filed a Charter challenge back in December, claiming the province’s actions infringe on the rights of cyclists, pedestrians and other road uses by depriving them of life and security of the person.
The province’s lawyers disagree with that sentiment, arguing that the Charter does not provide a right to government services.
The cycling advocates had hoped the injunction would delay any construction until after the Charter challenge was heard.