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Bombardier files motion for injunction against Metrolinx

Last Updated Feb 10, 2017 at 9:42 pm EST

Bombardier Inc. chief executive Alain Bellemare, left, and Chairman Pierre Beaudoin get set to start the company's annual meeting, May 7, 2015 in Montreal. THE CANADIAN PRESS/Ryan Remiorz

Bombardier says it has filed a motion for an injunction against Metrolinx over its “unjustified threats to terminate our contract” in regards to the delivery of light rail vehicles.

In November, Metrolinx filed a notice of intent to terminate its contract with Bombardier because, it claims it had not yet received the pilot vehicle for the Eglinton Crosstown LRT.

The government agency claims the pilot vehicle was scheduled to arrive in 2014.

Bombardier was served with a notice of default back in July due to the ongoing delays.

It its release, Bombardier claims the actions of Metrolinx have put the project in jeopardy.

“Since the contract was signed in 2010, Metrolinx has changed the scope, the timelines, and the technical qualifications countless times. Furthermore, Metrolinx’s unwillingness to work in good faith to find solutions on behalf of the people of the greater Toronto (area) has been disheartening,” the statement reads.

In a statement released Friday afternoon, Metrolinx said it’s “disappointed” Bombardier has taken this legal step, but added it has been concerned “for some time” about the company’s performance and its ability to deliver the trains on schedule.

“We have repeatedly conveyed our disappointment to Bombardier on its progress to date and in particular that the pilot vehicle is almost two years late and has not yet been delivered,” the statement reads.

“We have been frank in sharing our reservations about their ability to deliver vehicles on time and to a level of quality we expect.”

The Eglinton Crosstown LRT is scheduled to open in 2021.

Bombardier said it is “fully capable of delivering its trains on time” and that the pilot car has been ready to go since October 2016, but that Metrolinx “refuses to take delivery or even confirm a delivery schedule.”

Bombardier said it will deliver and meet its 2018 commitments.

“Bombardier’s light rail vehicles are on time and ready to go,” it said. We want to roll up our sleeves and work in the best interest of Ontarians to complete these projects. We call on Metrolinx to do the same.”

Metrolinx said its first step will be to review the application.

“Bombardier’s focus should be on getting all the vehicles delivered on schedule and with the quality expected, not on legal proceedings of this nature,” Metrolinx said.

Ontario Transportation Minister Steven Del Duca scolded Bombardier for turning to the courts in its dispute with Metrolinx, saying he expects suppliers to honour their contractual obligations and “perform professionally.”

“It is unfortunate that Bombardier has chosen to take this step,” Del Duca said in a statement issued Friday evening. “The people of the region deserve more, and our government is committed to delivering it.”

With files from The Canadian Press


Read Bombardier’s statement below:

Bombardier Statement Metrolinx En by CityNewsToronto on Scribd