Red Hill inquiry documents expected by end of month
Commissioner presses parties to set firm deadlines
“I’m disappointed that more than 14 months after the inquiry (was called) we’re still in a position where there is documents to be delivered.”
JUSTICE HERMAN WILTON-SIEGEL
INQUIRY COMMISSIONER
Public hearings for the judicial inquiry into the Red Hill Valley Parkway are expected in early 2021, but may be held remotely depending on public health guidelines amid the COVID-19 pandemic.
The new timelines were discussed during a public update Tuesday.
The inquiry was requested by Hamilton city council in February 2019 after the discovery of inexplicably hidden 2013 test results that showed poor friction on the crash-prone parkway.
The public meeting, streamed live on YouTube, was called by the inquiry’s commissioner, Justice Herman Wilton-Siegel, who said he is still awaiting key documents 14 months into the inquiry.
The inquiry has cost $3 million so far and is tasked with answering 24 questions and making recommendations. Wilton-Siegel said it’s important to set firm deadlines to curb costs.
“Final cost of the hearing is highly dependent on the duration,” he said during the meeting.
City of Hamilton lawyer Eli Lederman said they have already produced 50,500 relevant documents.
They are completing a review of fewer than 10,000 other documents that are expected to be delivered to the inquiry team Monday.
Wilton-Siegel said he appreciated the large task, but noted that it was the city that called the inquiry and it is the city’s responsibility to devote “necessary resources” to deliver documents in a timely fashion.
“I do think that I have to say that I’m disappointed that more than 14 months after the inquiry (was called) we’re still in a position where there is documents to be delivered,” he said.
The meeting heard from lawyers for the four parties that have standing in the inquiry — the City of Hamilton, province of Ontario, parkway builder Dufferin Construction and project consultant Golder.
The commission has received more than 74,000 documents, but awaits more.
Heather McIvor, counsel for the province, noted technical difficulties with the large volume of material and people working remotely.
The province has one department searching electronically and has hired a third-party vendor to search for key words.
It’s expected the bulk of the most relevant documents will be delivered by the end of July.
Crash victims were denied standing in the inquiry, however they are being invited to participate through a forum that is now expected this fall.
This forum will include meetings by phone or video conference, said Rob Centa, lead counsel for the commission. More information about those meetings, along with the video and transcript of the meeting Tuesday, will be posted on the inquiry website at rhvpi.ca.
Meanwhile, crash victims and the families of those killed in crashes are awaiting word as to whether a proposed $250-million class-action lawsuit against the city will be allowed to go ahead.
The lawsuit alleges negligence in the building and maintenance of the parkway, which saw more than 200 serious collisions, including four deaths during the period since the 2013 friction report.
The allegations have not been tested in court.
A legal team from Grosso Hooper and Scarfone Hawkins LLP filed a notice of motion June 30 for a court hearing to certify the class action, but lawyer Rob Hooper told The Hamilton Spectator it may take until the spring 2021 because of court delays from COVID-19.