The applicants sought an interlocutory injunction to prevent the removal of certain bike lanes in Toronto, arguing that the removal would unjustifiably infringe the section 7 Charter rights of cyclists by exposing them to a heightened risk of injury or death.
The court found that while there was a serious issue to be tried and irreparable harm was established, the balance of convenience favoured the respondents due to the presumption that legislation serves the public interest.
The motion for an interlocutory injunction was dismissed.