Metrolinx CEO promises fewer legal battles on future Ontario transit projects

The head of Metrolinx is acknowledging the provincial transit agency has spent too much time embroiled in legal battles with its contractors, pledging a new approach after finally finishing the Eglinton Crosstown LRT.

The light rail route carried its first passengers on Feb. 8, roughly six years after it was originally scheduled to open, bringing to a conclusion a messy period of Metrolinx’s history marked by delays, cost overruns and legal skirmishes.

The consortium building the Crosstown, Crosslinx Transit Solutions, took the government to court over delays during the COVID-19 pandemic and again over how the TTC had involved itself in testing for the line.

The group behind the Finch West LRT also took Metrolinx to court over how the TTC was involved in testing the line. Meanwhile, the consortium currently working on the Hurontario LRT found itself involved in legal battles with its subcontractors.

On Thursday, Metrolinx CEO Michael Lindsay said one of the key lessons from the Eglinton Crosstown LRT was to work more collaboratively with the construction firms — and only head to court as a last resort.

“It’s part of the reason we have a more progressive form of contracting now, where we’re sitting investing with the private sector partner in design, identifying constructability issues,” he told reporters. “That’s probably the most important thing to avoid downstream claims.”

Lindsay replaced former Metrolinx CEO Phil Verster last year, moving from another Crown corporation, Infrastructure Ontario.

“We have to always remember that our primary objective is to bring these transit lines into being as opposed to sitting on our rights, insisting on a legal strategy,” he added.

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“That’s the thing that we are trying to do as we show up in these projects. And to the credit of our private partners, I think they’re trying to do the same.”

The lessons will be tested in real time for Lindsay, with several major transit projects still in the ground.

The Scarborough Subway Extension is currently halfway through tunnelling, while a western extension to the Eglinton Crosstown LRT is also being built. Stations are being hollowed out underground for the Ontario Line, and work is also taking place to extend the Yonge Street subway into Markham.

Lindsay insisted that avoiding legal claims would not result in the government or Metrolinx rolling over to the demands of builders, prompting cost overruns.

“We’re never being disrespectful of taxpayer money,” he said. “There’s a balance here that needs to be struck between insisting upon the performance that we have contracted for and dealing with unknown issues when they arise.”

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