Prepare for court

Stung by inexcusable delivery delays, Metrolinx has taken an appropriate swat at light-rail vehicle-maker Bombardier. As revealed by the Star’s Ben Spurr, it recently sent a notice of default to the Quebec-based public transit manufacturer.

If the firm’s delivery promises continue to be broken — despite this well-deserved warning — Metrolinx, Ontario’s agency in charge of co-ordinating transit throughout the Greater Toronto Area, should not hesitate to sue.

It would be in good company. Toronto is pursuing a legal claim seeking $51 million from Bombardier in connection with a missed deadline on a $1.2-billion order for new streetcars.

Repeated delays suffered by the Toronto Transit Commission make it difficult to have confidence in Bombardier’s ability to deliver the 182 light-rail vehicles ordered by Metrolinx.

The company is now 21 months behind schedule, according to a Metrolinx spokesperson, and the agency is “very anxious to see a resolution.”

Bombardier maintains that its new light-rail vehicles will be ready in time for the opening of the Eglinton Crosstown and Finch West LRT in 2021. A “strong production recovery plan” has been instituted and the firm promised to finish a “pilot vehicle” for testing next month. It was originally to have that vehicle in place in 2014. That was revised to the spring of 2015, and now it’s supposed to arrive in August.

According to the company, putting the pilot vehicle through its paces, analyzing results, and making changes is expected to take about nine months. With full-bore production required to start 18 months from now, there should be ample time to meet current commitments made to Metrolinx.

Perhaps. But in light of Bombardier’s other missed deadlines, Metrolinx should prepare for disappointment. That includes steeling itself for legal action if the company falls short once again.