Statement by Metrolinx President and CEO Phil Verster, and Infrastructure Ontario President and CEO Michael Lindsay:

Today, Infrastructure Ontario and Metrolinx appealed the recent court decision which addressed Crosslinx’s COVID-19 claim.

The appeal materials submitted in court today focus on legal issues we believe are important, and if not appealed could have broad repercussions.

As public agencies entrusted with taxpayer dollars it is our responsibility to ensure that any costs paid for by the public are properly substantiated before payments are made.

We are committed to work with all of our contract partners to discuss the challenges and costs that have occurred over the past 15 months – recognizing that neither the Province, nor its partners, caused the pandemic.

On P3 projects we have brought to market since the outbreak reached Ontario last year, we have already established a regime in our contracts that defines a new approach to pandemic risk. That regime will be used on all projects being procured now – including Ontario’s ambitious transit plan.

Our goal has always been, and remains, building great partnerships that deliver great public projects.

We do not intend to comment further on this matter as it is before the courts.