Metrolinx to appeal Bombardier ruling

Agency asks court to clarify decision to preserve contract

Metrolinx has filed an appeal questioning the decision of an Ontario judge last month that preserved the transit agency’s contract with Bombardier Transportation.

The notice of appeal deepens the legal dispute between the Ontario transit agency and Bombardier over the company’s ability to fulfil train orders in Toronto, where gridlock has become an increasing frustration for hundreds of thousands of commuters.

In April, a judge ruled that Metrolinx can’t cancel a $770-million contract with Bombardier without first going through dispute resolution. Metrolinx earlier this month also turned to a French manufacturer for light-rail vehicles as a backup plan if Bombardier fails to deliver the contracted transit projects.

Ontario has reached a $528-million agreement to buy 61 light-rail vehicles from Alstom in case Bombardier is found to be in default at the end of a court-ordered dispute resolution process.

In an email Wednesday, a Metrolinx spokesperson confirmed the transit agency filed the notice of ap- peal before the Friday deadline. The point of the appeal is to seek court clarification over the amount of time Bombardier has to fix problems with its vehicles.

“Metrolinx is preserving our right to seek clarification of the decision principally as it relates to the permitted cure periods,” spokesperson Anne Marie Aikins said in a statement. “At the same time, we will continue with the dispute resolution process with Bombardier.”

In a statement Wednesday, Bombardier said it is “deeply concerned” about the effect Metrolinx’s legal actions will have on transit users and taxpayers.