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Metrolinx, Bombardier back in court over light rail vehicle contract

WATCH ABOVE: A judge will now take time to decide whether to grant LRV maker's injunction to prevent the cancellation of the $770-million contract. Mark Carcasole reports – Mar 21, 2017

A court battle between Ontario transportation agency Metrolinx and manufacturer Bombardier over the delivery of light rail vehicles for the Eglinton Crosstown line in Toronto continues today.

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Bombardier is fighting to prevent the provincial agency from terminating its $770-million contract for 182 vehicles.

Metrolinx claims the Quebec-based plane and train manufacturer repeatedly failed to deliver a prototype vehicle on time for the scheduled 2021 opening of the $5.3-billion line.

READ MORE: Metrolinx speaking with alternate light rail vehicle supplier amid court battle with Bombardier

Bombardier is seeking an injunction to prevent the provincial transit agency from ending the contract.

Olivier Marcil, vice president of external relations for Bombardier, told reporters outside of court Tuesday that the company hopes talks can resume again with Metrolinx.

“Our objective is to solve this contractual disagreement, come back to the negotiation table and be able to deliver the trains on time,” he said.

“We just want Metrolinx to follow the dispute resolution process and not to shortcut it and go to termination.”

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WATCH: Months after Metrolinx moved to cancel its contract with Bombardier, the train maker is fighting back in court. Ashley Molnar reports. (Feb. 10)

Meanwhile, Metrolinx said it has been working to ensure vehicles are delivered on time for the Eglinton-Crosstown and Finch West LRT projects.

“We’ve been clear. Bombardier has defaulted on its contract. Bombardier’s pilot vehicle, which is already two years late, still does not meet the required basic engineering standards,” Metrolinx spokeswoman Anne Marie Aikins told Global News in a statement Tuesday.

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“Our singular objective is to improve public transit by building a safe, reliable and convenient transportation system. We cannot let Bombardier’s LRV failures jeopardize that mission.”

An Ontario court filing earlier this month revealed Metrolinx has been in discussions with an alternate light rail vehicle supplier if the deal with Bombardier falls through.

Metrolinx says Bombardier’s injunction effort is a tactic to force it into months of litigation that would make it impossible for another supplier to provide the vehicles in time.

READ MORE: Bombardier files injunction against Metrolinx over notice to end contract

The Crosstown, a 19-kilometre light rail corridor from west to east-end Toronto, is expected to be operational in the fall of 2021.

The light rail line will consist of 25 stations and stops, linking to bus routes, three subway stations and GO Transit lines.

With files from Nick Westoll and The Canadian Press

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