TTC to sue Bombardier over delayed streetcars

The Toronto Transit Commission board hasvoted tosueBombardier over the new streetcars it has been unable to deliver.

The commissionersvoted unanimously to pursue legal action against the Montreal-basedrail and aircraft manufacturerduring a Wednesdayafternoon meeting.

• Terminating Bombardier streetcar contract on the table
• TTC may sue Bombardier over mounting streetcar delays
• Bombardier gave multiple reasons streetcars are late

The commissionwill also ask Bombardier's CEOto appear before the board to explain his company's inability to deliver.

At the end of the day I don't want the money. I want the streetcars TTC CEO Andy Byford

TTC management, meanwhile, has been directed to consult with other companies that might be able to take over the job for Bombardier.

TTC CEO Andy Byfordexpressed frustration Wednesday with the many delays and complications.

"We've received schedule after schedule, we've been given assurance after assurance," Byford told reporters.

"The 10 streetcars we have in service are fabulous. The issue is we just want more of them."

"At the end of the day I don't want the money. I want the streetcars," he added.

The TTC paid more than $1billionfor 204 state-of-the-art streetcars from Bombardier in 2009. Some 60 of them were supposed to be in serviceby now, but only10 are currently on the rails.

The company had vowed to deliver 23 new cars by the end of the year, but it backed awayfrom that promise earlier this month, whichprompted threats of legal action from the TTC.

The TTC board said at the time it was considering filing a $50 million claim.

• Thunder Bay plant works to speed up streetcar deliveries
• Bombardier's CSeries dogged by low oil, risk-averse airlines

The motionapproved by commissioners on Wednesday did not specify an amount. It said the TTC will sue for damages "sustained ... relating to or arising from the schedule delays in the delivery of streetcars and by any other non-performance related issues."

Bombardier, which produces the vehiclesat its Thunder Bay,Ont. manufacturing plant, has been struggling to build the new streetcars.

A strike and problems with parts manufactured at Bombardier's Mexican plant have slowed production. The companyhas also blamed the delays on changes to its production line, the intricacies of the vehicles, and on staffing changes.

Spokesman Marc Laforge said Wednesday the company had expected the lawsuit given the comments from TTC officials.

"Obviously not all the delays in this project have been causedby Bombardier and we will discuss this with our customer in duetime," he said.