Paliare Roland Success in Cycle Toronto et al. v. Attorney General of Ontario et al., 2025 ONSC 2424.
About
Today, Justice Paul Schabas granted Cycle Toronto’s and the individual applicants, Eva Stanger-Ross’ and Narada Kiondo’s, request for an interlocutory injunction to prevent Ontario from removing the bike lanes on Bloor St, University Ave and Yonge St until he releases his decision on the application.
Regional Senior Justice Firestone initially denied the injunction earlier in March on the basis that the balance of convenience favoured the government.
Having heard full argument from the parties, Justice Schabas found that the applicants had met the test for an interlocutory injunction. In particular, he found that there is a serious issue to be tried as to whether s. 195.6 of the Highway Traffic Act unjustifiably infringes the Applicants’ right to life and security of the person; that the applicants will suffer irreparable harm if the legislation is not suspended; and that the balance of convenience favours the applicants.
On the last point, Justice Schabas explained that with the benefit of the full record, there was compelling evidence that the legislation would not advance the government’s stated objective. Simultaneously, suspending the legislation would provide a public benefit in preventing harm and protecting the constitutional rights of the applicants.
Congratulations to the Paliare Roland team of Andrew Lewis, Catherine Dunne, Greta Hoaken, and Braxton Murphy for this hard-won victory.
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