Photos by Lisa Ferguson, who had her lock cut from her bike by Brookfield Property. Photo: Lisa Ferguson Brookfield Property refused further comment on Friday morning as an investigation was launched into how the company cut locks from bicycles near its buildings and took the bicycles inside without their owners knowledge.
Some cyclists say the practice is theft, as owners were simply left without their property.
“Brookfield has no further comment,” wrote Andrew Willis, a spokesperson for the company, on Friday morning.
On Thursday afternoon, Brookfield claimed that cutting locks from bicycles and taking them was fully within their rights.
In an email to Canada.com, the company wrote:
“As adjacent property owner, we have the right to remove a bike or otherwise affixed object to property and the TTC pole on the sidewalk outside of our building if it poses a perceived risk to pedestrians. It is our first and foremost responsibility to protect the health and safety of our tenants and all those that visit the building. There have been numerous instances at this location where pedestrians have tripped over or have otherwise been injured by bicycles affixed to the pole.”
Brookfield continued that they apologized to anyone who believed their bike had been stolen when the lock was cut and it was removed from poles in the area.
“In the future endeavor to provide either a verbal or written warning before removing a bike or other property from a prohibited area,” they wrote.
Brookfield also refused to say whether they would make attempts to contact the owners of bicycles currently in their possession.
The story began on Thursday morning when Toronto cyclist Lisa Ferguson wrote that she believed her bike had been stolen. She later discovered the lock had been cut by a security guard and the bicycle confiscated. The bicycle had been locked on public property owned by the city.
The story has sparked concern across the city, with all of the major media outlets in town picking up on it. The city councillor responsible for the area, Kristyn Wong-Tam, appeared on CBC Radio on Friday morning to claim that Brookfield had “over-stepped” and did not have the right to remove private property from public infrastructure.
Toronto Police were unable to say if they have any specific complaints about Brookfield’s removal of bicycles. But police did say there are certain scenarios in which the practice could be legal.
Any complaints from bicycle owners who have their locks cut and bikes removed would be treated under the Trespass and Property Act or the Abandoned Property Act. Essentially, though, if Brookfield owns the structures that people are locking their bicycles to, they’re likely allowed to cut them off if they so choose.
“There would many many questions that I would have about it,” the spokesperson said, noting it would be impossible to say who if anyone is in the wrong without visiting the property and evaluating it in person.
CBC also reported on Thursday that City of Toronto bylaw officers are investigating and expect to have a conclusion within a week.
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