Ontario Appeal Court Allows Province to Remove Bike Lanes in Toronto
Olivia Bowden
Ontario's appeal court has reversed a lower ruling, permitting the province to remove bike lanes on Toronto's busy streets, citing no constitutional protection for the lanes. The decision is a win for Premier Doug Ford, who has long blamed bike lanes for traffic congestion, but cycling advocates have expressed disappointment.
Ontario, Canada's most populous province, has won the right to remove bike lanes on Toronto's major routes after the provincial appeal court ruled in favor of the government on Friday, reversing an earlier lower court decision that had declared the removal unconstitutional.
This victory is significant for Premier Doug Ford and his government, who have long criticized Toronto's bike lanes, blaming the protected lanes for the city's traffic congestion.
In 2024, the Ford government passed legislation allowing Ontario to remove Toronto's bike lanes, despite the city having recently installed the infrastructure. However, the removal effort covering 19 km of roads was paused after cycling advocacy groups filed a legal challenge against the province.
The legal challenge gained traction in July 2025 when a superior court judge ruled that removing the bike lanes was unconstitutional because it could increase the risk of death or injury, thereby violating the rights to life and personal safety protected under Canada's Charter of Rights and Freedoms.
The latest ruling by the Ontario Court of Appeal reversed that decision. Michael Longfield, executive director of Cycle Toronto, one of the groups that initiated the lawsuit, expressed disappointment. He emphasized that bike lanes not only keep cyclists safe but also support pedestrians, benefit other drivers, and have a strong traffic-calming effect that major cities need.
In their decision, the appeal court judges wrote that there is no constitutional right to bike lanes and that the government has full authority to change bike lane laws if it wishes. They explained that courts cannot declare laws unconstitutional simply because experts predict government policies will fail. "Governments and legislatures are not obliged to adopt policy advice," wrote Justice Huscroft in the ruling.
Reacting to the ruling, Toronto Mayor Olivia Chow said she has been working with the province to negotiate a path forward that "keeps everyone safe on the roads." Longfield hopes the city will negotiate an alternative with the Ford government that still provides space for cyclists.
Ontario Transportation Minister Prabmeet Sarkaria called the high court ruling a "win for common sense" in a statement. The government has not yet announced when or whether it plans to remove the bike lanes.
According to a 2024 city report, removing the bike lanes would cost an additional C$48 million (£26 million) from the budget. Internal documents obtained by The Trillium also show that provincial staff reported that removing the bike lanes would not reduce congestion but could possibly worsen it. They also warned that Ontario could be seen as overstepping into the city's decision-making authority.
Longfield commented that Ford's targeting of bike lanes is, in essence, a gross overreach by the provincial government into the city's internal affairs. He called the belief that banning bike lanes is key to solving urban congestion "truly absurd." He said: "The more we focus on real, evidence-based solutions... the better."