Crosslinx Transit Solutions (CTS) and Metrolinx recently went before the Ontario Superior Court of Justice as part of a legal dispute related to the Eglinton Crosstown Light Rail Transit (LRT) project.
Superior Court Justice Sean Dunphy set a hearing for Sept. 11 where both parties will present their positions on the application Metrolinx and Infrastructure Ontario (IO) filed Aug. 8 to stay any claim by CTS, the consortium undertaking the build, for its delays related to the construction and delivery of the project by September 2021.
CTS issued a notice of action against Metrolinx/IO in early July for breach of contract and was required to issue a statement of claim by Aug. 9.
“Metrolinx’s application to the court seeks a stay in CTS’s assertion of a claim, instead redirecting CTS to adhere to the contract’s dispute provisions,” reads a Metrolinx statement issued by president and CEO Phil Verster.
“Metrolinx is continuing to encourage CTS to focus on completing the project by September 2021, as it committed to do, and is seeking that CTS adheres to their contractual obligations.”
Justice Dunphy also extended the deadline for Crosslinx to file a statement of claim until after the September hearing.
“Crosslinx is satisfied with this outcome,” Crosslinx spokesperson Kristin Jenkins told the Daily Commercial News in an email.
“It allows us to protect our rights without filing a statement of claim, and at the same time to engage collaboratively with Metrolinx and Infrastructure Ontario. We will continue to work with our partners to successfully deliver this essential transit project.”
The Eglinton Crosstown, with a $5.3 billion capital investment by the Province of Ontario, includes 25 stations and stops between Mt. Dennis in the west and Kennedy Road in the east.
The Crosslinx consortium is made up of Aecon, Dragados, EllisDon and SNC-Lavalin. CTS was supposed to complete the project in 2020, but now it’s slated to be operational in 2021.
Metrolinx and IO have been working closely with the consortium, the Metrolinx statement indicates.
Under the terms of the contract, which is being delivered under the public-private partnership model, it is the private partner’s responsibility to secure permits and approvals from third parties.
“Since CTS indicated, five months ago, that they are struggling to complete their work program in line with their contracted schedule, Metrolinx and Infrastructure Ontario have been working closely and extensively with CTS to rectify their schedule, evaluate their assertions and to help improve CTS’s performance,” reads the statement.