海角社区官网

“Despite professing an urgent need to reduce congestion, no evidence of any plans to demolish the lanes or what would go in their place was presented by (the province),” Schabas wrote.

Cycling advocates, represented by lawyers for Cycle Toronto,聽argued in court last Wednesday聽that the Ford government’s move to remove bike lanes on those roads violated cyclists’ Charter rights to life and security of person.聽

“We intend to respect the court’s decision,” said聽Dakota Brasier, spokesperson for the minister of transportation, in response to Tuesday’s ruling.

“We will continue with the design work necessary to begin removals as soon as possible should the decision uphold the legislation,” she added.聽“We were elected with a clear mandate to get people out of traffic by restoring driving lanes to keep some of our busiest roads moving.”聽

Schabas wrote that not granting a temporary injunction would “effectively grant success to Ontario” if it did move ahead with bike lane removals while the Charter challenge hearing was still being decided.

The Superior Court justice added that bike lanes are “more easily removed than rebuilt or restored.”

The injunction granted Tuesday allows for the “status quo” to be maintained, Schabas wrote, until his full decision on the Charter challenge is rendered.

But, he warned, “this is not a case in which granting the injunction will effectively provide success on the application.” His decision on the full Charter challenge is still pending, and he had hinted in court last Wednesday that it may take some time.

In his decision, Schabas went deep into the evidence presented at the Charter challenge hearing last Wednesday 鈥� and found the government’s argument wanting.

The judge found Cycle Toronto’s transportation expert more compelling in his evidence that bike lanes did not cause congestion, than the province鈥檚 argument that they did, which was based on “anecdotal evidence and the opinion of a real estate management professor who does not appear to directly address the key issue of whether removal of the bike lanes will in fact alleviate congestion.”

Schabas also added that the province did not provide “a compelling basis” to argue that removing the bike lanes would improve safety for drivers or cyclists.

While Cycle 海角社区官网and its lead counsel, Andrew Lewis of the firm Paliare Roland, are celebrating the victory, they are still waiting for Schabas’s final decision on the Charter challenge.

”(Schabas) is not making findings about the final legal issues,” said Lewis. For the Charter challenge, the judge will take an even deeper dive into the evidence and legal arguments that were made in court last week.

“It’s certainly better for the applicant’s case 鈥� to have won at this stage, absolutely, but it doesn’t mean that you do win in the end,” Lewis added.聽

The bike lanes installed on Bloor, Yonge and University have been at the centre of fierce debate as the city grapples with congestion.

Ford and his government campaigned in February’s election on removing bike lanes in Toronto’s downtown core, passing Bill 212, , in November. The provincial government argued that road space dedicated to cyclists was contributing to congestion and cyclists should instead be diverted to 鈥渟econdary roads.鈥�

Cycle Toronto, Ecojustice and bike lane users Eva Stanger-Ross and Narada Kiondo filed their Charter challenge with the Superior Court in December, arguing that the new law 鈥減uts lives at risk.”

Internal Ford government documents released聽as part of the injunction hearing warned that removing the bike lanes may not ease congestion, and carried the risk of increasing collisions and negatively impacting businesses.

In early April, Transportation Minister Prabmeet Sarkaria instead signalled an openness to keeping bike lanes on the targeted streets, so long as a lane of traffic is also returned.

A report from city staff pegged the cost of removing the bike lanes at $48 million 鈥� a cost the province had said it will cover 鈥� while only providing 鈥渕inor鈥� improvements to traffic speed long-term. Ford has said that cost estimate is “hogwash.”