More than 40 Etobicoke business owners have joined in a lawsuit against the City of Toronto, its transportation manager and a city councillor over the dedicated bike lanes installed along Bloor Street West in 2023 and 2024.
The group is seeking $10 million from the city for “negligence and nuisance.” It’s suing Barbara Gray, general manager, transportation services, and Morley (Ward 3 Etobicoke-Lakeshore) for “misfeasance of public office,” according to the statement of claim, filed in Ontario Superior Court on Friday. Coun. Amber Morley is also named in the suit.
The businesses, including restaurants, retailers and service operators, among others, are also seeking an injunction requiring that the bike lanes be removed and the streets returned to their prior state.
The statement of claim has not been tested in court. It typically takes weeks or months for defendants in a lawsuit to respond with a statement of defence.
Neither Morley nor the city responded to requests from the Star for comment.
Sam Pappas, owner of the Crooked Cue, and a participant in the lawsuit, said business is down between 20 and 60 per cent at some establishments, because congestion caused by the bike lanes is driving customers away.
“We’re just fighting for our community,” said Pappas, adding that there is a feeling that the city’s consultations were performative, not authentic.
He said the lawsuit isn’t just about bike lanes, it’s about letting city hall know it can’t ignore what local neighbourhoods think.
“This is a shot across the bow, saying ‘we’re not going to take it.’ ”
The lawsuit alleges that the city’s planning, consultation and implementation were “willfully lacking in candour, frankness and impartiality” and breached the duty of care the city owed them.
The statement of claim also accuses the city of manipulating and/or misrepresenting data, bicycle counts and the public consultation process that took place.
According to the statement of claim, Morley misrepresented the nature and extent of public consultations, failed to conduct adequate door-to-door consultations with businesses, and gave preferential treatment to CycleTO, a pro-cycling group.
The statement alleges Gray allowed herself to be unlawfully lobbied by CycleTO; and that overall, the city, Morley and Gray showed “reckless disregard, high-handed and egregious treatment of said businesses.”
Michael Longfield, executive director of CycleTO, said the lanes were approved by city council before Morley was elected.
“The city is pretty deliberate in how it plans out its cycling structure,” said Longfield.
He said his organization wasn’t lobbying Gray.
“I understand not everyone is in favour of the project, but I think there is a difference between people being consulted and their opinion ultimately being the one that prevails,” Longfield said.
Premier Doug Ford took a personal interest in the issue late last year, resulting in provincial legislation restricting new bike lanes and setting the stage for the removal of the bike lanes on Bloor Street West.
CycleTO is seeking a provincial injunction and mounting a Charter challenge to prevent that from happening.
The lawsuit also accuses the city of failing to properly monitor the outcomes of the bike lanes, including their impact on emergency response times.
The Bloor Street West Complete Street Extension was a two-part project, begun in 2023 and completed in 2024, running from Runnymede Road to Resurrection Road, linking Bloor West Village to the Kingsway neighbourhood.
The businesses say the bike lanes have proven to be “an unmitigated disaster,” resulting in traffic congestion, a reduction in emergency response times and “erosion of the neighbourhood character,” a decline in property standards and a loss of business and foot traffic.
“The Plaintiffs plead that the foregoing harms were a foreseeable consequence of the Bike Lanes Extension, and that the Defendants nonetheless dogmatically pursued the project for improper purposes entirely, disconnected from the purposes of the project, their statutory grant of authority, or their duty of care,” according to the lawsuit.
Cody MacRae, founder of the community group Balance on Bloor, said the bike lanes have resulted in more cars taking shortcuts through residential neighbourhoods, creating a hazard for children playing outdoors.
“They’re poorly designed bike lanes,” said MacRae, adding that Morley’s local leadership on the issue was lacking.
“This community has been dismissed and ignored for more than a year.”
