Metrolinx, Bombardier in court over light-rail contract
Posted March 21, 2017 6:17 am.
Last Updated March 21, 2017 9:25 pm.
This article is more than 5 years old.
Metrolinx and Bombardier faced off in court on Tuesday over a light-rail contact for the Eglinton Crosstown.
The Ontario Superior Court heard Bombardier’s request for an injunction to prevent Metrolinx from terminating the contract.
The provincial transit agency is fighting for the right to get out of the $770-million contract, and the right to speak to other suppliers, on the grounds that Bombardier may not be able to deliver on time. The delay would cost Metrolinx a fortune in penalties, and it would damage Metrolinx’s reputation.
“As we await the court ruling, Metrolinx will continue to take the steps necessary to ensure that high-quality light-rail vehicles are delivered on time for the Eglinton Crosstown and Finch West LRT projects,” Metrolinx spokeswoman Anne Marie Aikins said in a statement.
“We’ve been clear. Bombardier has defaulted on its contract. Bombardier’s pilot vehicle, which is already two years late, still does not meet the required basic engineering standards. Our singular objective is to improve public transit by building a safe, reliable and convenient transportation system. We cannot let Bombardier’s LRV failures jeopardize that mission.”
Bombardier argued it can deliver the vehicles on time. Cancelling the contract, Bombardier argued, would cause irreparable harm to its finances, international reputation, and employees.
Bombardier also claims Metrolinx wants out of the deal because it no longer needs all of the vehicles it ordered, because — the company says — Toronto City Council flip-flopped on the Scarborough subway plan once Rob Ford became mayor in 2010, essentially cancelling David Miller’s Transit City.
Metrolinx said although Bombardier says the pilot vehicle is ready, the company hasn’t met basic requirements, including the vehicle’s ability to move on its own power, take power from an overhead line. working brakes, and a load-levelling function.
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