Province appoints judge to lead Ottawa LRT inquiry
The public inquiry into Ottawa’s problem-plagued light rail system will be led by one of the province’s top judges.
The provincial government announced on December 17 that it has appointed Justice William Hourigan as Commissioner to lead the public inquiry into the commercial and technical circumstances that led to the breakdown and derailment of Stage 1 of the Ottawa Light Rail Transit (LRT) project.
“The challenges plaguing Stage 1 of the Ottawa LRT are unacceptable and disappointing. This public inquiry is a prudent approach to uncovering the cause of these issues and preventing them from happening again,” said Transportation Minister Caroline Mulroney. “Establishing the scope of the inquiry and appointing Justice Hourigan is an important step towards the safe implementation of the project, accountability, and value for taxpayer dollars.”
As former Chair of the Litigation Department at Fasken Martineau, Justice Hourigan specialized in complex commercial litigation while in practice. He has previously served as a judge of the Ontario Superior Court of Justice, and has served on the Court of Appeal for Ontario since 2013.
As Commissioner, Justice Hourigan will have a mandate to look into the procurement, delivery and operations of the Ottawa LRT Stage 1 system. Specifically, he has been asked to address five areas:
- Decisions on the procurement approach, selection of Rideau Transit Group and award of the alternative financing and procurement contract to RTG;
- Whether the city’s procurement process affected the technical standards for the Stage 1 design, construction, operation, maintenance, repair and rehabilitation;
- Whether the contract was adequate to ensure the design, construction, operation, maintenance, repair and rehabilitation of the project was done in accordance with all laws and industry standards, including performance and safety;
- Whether RTG and its subcontractors carried out those works in accordance with laws and industry standards; and
- Whether the city’s oversight of the Stage 1 project was adequate, including decisions that led to the project being deemed substantially complete and the associated testing to support the declaration.
The line has been under scrutiny almost since its launch. Derailments, electrical failures and maintenance issues have caused numerous delays and cancellations across the line, with the latest derailment causing the system to be shut down for 54 days in October and November.
The province committed up to $600 million towards the Stage 1 of the Ottawa LRT. The project spans 12.5 km in length with 13 stations through the downtown, running from Tunney’s Pasture in the west to Blair Station in the east.
The province has also pledged to provide the City of Ottawa with up to $1.2 billion to build the Ottawa Stage 2 LRT project. The Ottawa Stage 2 LRT project will add 44 kilometres of new rail, 24 new stations and consists of three light rail extensions.
Hourigan is expected to issue his report on the findings by August.