Council flip-flop on Scarborough subway wreaked havoc on Metrolinx order, claims Bombardier

Council flip-flop on Scarborough subway wreaked havoc on Metrolinx order, claims Bombardier

Lawyers for Bombardier and Metrolinx will face off in a University Ave. courtroom Tuesday morning in a hearing over the fate of the two parties’ troubled $770-million light rail vehicle contract.In a high-stakes legal battle pitting the iconic Canadian rail manufacturer against the province’s regional transit agency, Metrolinx is accusing Bombardier of exposing it to “massive financial consequences and reputational damage” by allegedly defaulting on the order for 182 LRVs.Bombardier claims the company has addressed its production problems and will be able supply the new fleet in time for Metrolinx to open LRT lines on Eglinton Ave. and Finch Ave. West as planned.The company is seeking an injunction to prevent Metrolinx from terminating the contract. Bombardier says if the application isn’t granted the company will suffer “irreparable harm” to its finances, international reputation and employees.In a factum filed to support its case, the company alleges that Metrolinx is attempting to get out of the deal because the agency no longer needs all the vehicles it agreed to buy. Metrolinx rejects the claim in a factum of its own. Neither document has been tested in court.Article Continued BelowCentral to Bombardier’s argument is that under former mayor Rob Ford, city council threw the LRV deal into disarray by cancelling the Scarborough LRT. The line would have replaced the existing Scarborough RT and been operated with 48 of the cars from the Bombardier order.The other lines the trains would serve were the Eglinton Crosstown, Finch West and Sheppard East projects. All four were part of the David Miller-era Transit city plan.Metrolinx placed the order for 182 cars in June 2010, but Bombardier alleges the deal became shrouded in uncertainty just five months later when Ford won the mayoral election.

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