Toronto Trail Guidelines Should Have Saved Xavier Morgan

This may seem to be about a basic barrier on the side of a path but this fight is to ensure our children and all vulnerable road users have safe roads or paths to ride on.
The Martin Goodman Trail is one of the many multi-use trails within Toronto that offers all people the ability to enjoy bicycling without having to share the road with cars. To ensure the trails are safe, the City instituted a Steering Committee and Technical Advisory Committee to put together a comprehensive set of trail guidelines. The Toronto Multi-Use Trail Design Guidelines are consistent with City, Provincial, North American and International best practices.

One of the guidelines pertains to the area where young Xavier was killed.
Guideline 6.4.1 “Trails Adjacent High Volume or High-Speed Arterial Roadways” addresses precisely what should have been done in the area where this unfortunate and tragic event took place. In fact, the photo used within the Guideline is that of the Martin Goodman Trail next to Lakeshore Road. Any road where the speed is 60 km or more or has four or more lanes is caught by this section. Lakeshore is not only a 60 km zone, it is six lanes and a major commuting artery into the City.
Unlike having the grass separation used in the Guideline photo above, the portion where Xavier was killed had a very small distance, approximately one-meter, between the path and the cars.

Part of the problem is that the grass or corridor separation is not attainable due the legion hall that lies next to the Trail. Therefore the Guideline states specifically, “Where an appropriate distance cannot be achieved, guide rails and a physical separation such as a fence or landscaping are recommended.” In this case, none of these exist in this portion of the Trail. The intent is obvious. Keep car drivers from entering the trail [rail] and keep cyclists from entering the road. Any safety design must be taken into account the frailties of the human condition including health related issues, inattention, or simple mistakes.
There has also been some recent discussion that the Martin Goodman Trail is not a place for children. The Trail Guidelines themselves state at 1.2, “All people are welcome on Toronto’s Multi-Use Trails regardless of ability.” Later in section 3 it states, “Providing trails that are inviting and safe for all users of all ages, skills and comfort levels should be the priority for designers.”
We fight this fight to ensure our children, and all vulnerable road users have safe roads or paths to ride on. “Providing trails that are inviting and safe for all users of all ages, skills and comfort levels should be the priority for designers.” Now, we must backup these priorities with a budget that ranks human lives over everything else. The time for action is now.
Credit: Featured photo – Bike Law Canada, 2nd photo – Toronto Multi-Use Trail Design Guidelines

Patrick, of Bike Law Canada, is one of the founding members of the Toronto Bike Union (now CycleToronto), and is a former director. He is a proud contributor to Advocacy Respect for Cyclists [ARC] who have defended cyclist rights since 1996. He and his firm, McLeish Orlando LLP hold the annual Helmets on Kids Campaign in Toronto and sponsor CycleToronto’s annual “Get Lit” program and the City’s Bike Month. In 2013, the firm was awarded the Bicycle Friendly Business Award by the City for promoting cycling in and outside the office.
-
From Winner to Advocate: One Cyclist’s E-Bike Journey
Two years ago, on a family trip to Switzerland, my wife and I rented two electric-assisted mountain bikes, or e-MTBs, to tackle some steep trails near the Matterhorn. The salesperson said, in no uncertain terms, that the new e-MTBs were the way of the future, and we should give them a try. So we did. …
-
A Comprehensive Guide to E-Bikes in Louisiana: Laws, Tips, and Choosing the Best E-Bike
E-bikes are popping up everywhere. If you’re riding one in Louisiana or thinking about getting one, you may have questions about the laws, safety tips, and how to pick the right bike. That’s exactly what this post is here for! We’ll break down what you need to know about riding e-bikes in Louisiana, from legal…
-
The Lisa Torry Smith Act: A Win for Cycling Safety in Texas?
The Lisa Torry Smith Act brings important changes to Texas law. It makes clear that cyclists can ride in crosswalks and now requires drivers to stop and yield before entering a crosswalk with a pedestrian or cyclist. A gap in Texas law is allowing some drivers who hit people in crosswalks to get off scot-free,…
-
Far Right?! I was taking a LEFT!
Even Bike Law lawyers get hassled. Like many of us, riding for me is stress relief; it’s an escape from conflict and a busy schedule. Sometimes incidents on the road have the opposite effect and one incident this weekend made me question the state of humanity. It was not an unusual event, nor a particularly…
-
E-BIKES ARE LEGAL IN NC (WELL, SOME OF THEM)
Love them or hate them, e-bikes continue to rise in popularity. At the same time, lawmakers struggle to keep up with the developing technologies. Every week I get multiple inquiries from people trying to navigate North Carolina’s e-bike laws. If you’re confused, you’re not alone. We could easily fill a book with all the latest…
-
BIKES & CRIMINAL JUSTICE
Many of our cycling clients find themselves having to interact with the criminal justice system. Typically, it’s because the driver who hits them (or their family member) is charged with a crime or traffic offense. Occasionally bicyclists themselves are charged with traffic offenses! Every state’s criminal laws are different, but there is a lot of…
-
Another Successful Road Defect Case, This Time a $750,000 Settlement in Georgia
We recently shared the story of a trial victory from the State of Texas where a bicyclist was injured due to a defect in a road maintained by the Texas Department of Transportation. Texas Road Defect We now can tell the story of another huge win in a road defect case, this time from our Bike Law…
-
One Million Dollars for Texas Road Defect
The Texas Department of Transportation had offered cyclist Mike Bagg $0. Recently, attorneys with the Bike Law network took a case to a trial against a titan of a defendant: the Texas Department of Transportation. TxDOT was represented by the Attorney General’s Office, one of Texas’ largest legal teams. We had a great client, but it was…
-
More Roads = Better Transportation, And Other Myths
2023 got off to a rough start for Charlotte, North Carolina, particularly in the context of road safety. Within about a week, we lost a young woman who was riding her bicycle, a pedestrian killed in the same area of town, and four people were killed in a car wreck on I-85 in the University…










