Saturday, August 15, 2026

Should Ontario Appeals Court ruling overrule the earlier Superior Court ruling?

If a higher court overrules a lower court ruling, is it always the case that the higher court is more correct?

The Ontario Court of Appeal recently ruled that Premier Doug Ford's government can in fact rip out the bike lanes along Bloor Street, Yonge Street and University Avenue that Ford has a particular personal dislike of. In 2025, the Ontario Superior Court ruled that the removal would be unconstitutional because it would put people at increased risk of harm or death.

The Appeals Court, however, argued that there is no constitutional obligation to regulate roads in any particular manner, and that the government can choose to regulate roads however they like, and are under no obligation to listen to expert advice.

Well. It seems to me that, whether or not you agree with that, the Appeals Court's ruling did not negate - did not even address - the Superior Court's previous decision. Surely, when the expert advice involves consititional rights surely they do need to be listened to.

So, who wins? Does it have to go to the Ontario Supreme Court to decide? Maybe.

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