Provincial legislation declaring the TTC an essential service is unconstitutional.

That ruling from Ontario Superior Court Justice William Chalmers, who overturned legislation introduced 12-years ago, by the then Liberal government, banning transit workers from walking off the job.

In his decision, the judge said the TTC does not provide ”essential services” as the term’s defined in case law.

”The evidence does not support the government’s position that the disruption of transit services in Toronto would ‘threaten serious harm’ or ‘endanger the life, personal safety or health’ of the whole, or part of the population,” the ruling reads.

The head of Amalgamated Transit Union Local 113, that represents about 12,000 TTC workers, calls it ”a great day for transit and a great day for all labour.”

The current contract expires at the end of next March.

In a statement, the TTC says its commitment is to always work with the union to reach a negotiated settlement at the bargaining table.