The Hamilton expressway opened to motorists in 2007 and has been the site of numerous vehicle accidents over the years, with some blaming the roadway’s design and construction. Photo credit: Wikimedia Commons
Upon the discovery of an undisclosed “friction” report, Hamilton City Council authorized a judicial inquiry into the Red Hill Valley Parkway (RHVP). Approximately three years later, and at a cost of $13.2 million to date, the scheduled public hearings will finally commence on April 25.
The RHVP judicial inquiry will be presided by Justice Herman J. Wilton-Siegel as appointed by the Ontario’s Chief Justice of the Superior Court.
The following is what you need to know before the public hearings start.
What happened?
In 2007, the Red Hill Valley Parkway finally opened to motor vehicles connecting the QEW to the Lincoln Alexander Highway, which in turn, connects to Highway 403. The $245 million project, extending seven kilometers of four-lane traffic, transects the Niagara escarpment.
Since the opening of the RHVP, there have been several motor vehicle collisions on the escarpment crossing, resulting in serious injuries and death. Hamilton Police Services informed the City that the RHVP road and ramps were slippery during wet road conditions.
The City then retained a consultant, Golder Associates, to evaluate the 5-year performance of the RHVP. The scope of the performance study was expanded to include frictional characteristics of the road due to the safety concerns raised by police services.
According to the City Council’s motion authorizing the judicial inquiry, the Ontario Ministry of Transportation conducted friction testing on the RHVP in 2007, but did not disclose the results of the testing to Council or to the public. Further, 12 years later, the City of Hamilton was advised that a draft report by Tradewind Scientific Ltd. with respect to friction on the Red Hill Valley Parkway (dated Nov. 20, 2013), was also not disclosed to Council and the public.
Although the 2013 report was not reported to City Council, the City’s Engineering Department was indeed in receipt of the friction report conducted by Tradewind Scientific Ltd.
One of the primary questions being asked is did the failure to disclose the 2013 friction report, or the information and recommendations contained therein, contribute to accidents, injuries or fatalities on the RHVP since January 2014?
What happened to the friction report?
The judicial inquiry is tasked with answering several questions, including the key question of what happened to the friction report once it was received by the City of Hamilton’s Engineering Department.
What we do know is that the City’s Engineering Department tasked their consultant, Golder Associates, to commission the friction report. Golder Associates, in turn, subcontracted some of the friction analysis to Tradewind Scientific Ltd. (which specializes in performing friction and roughness measurements on surfaces).
Upon receiving the friction report from Tradewind, Golder Associates promptly provided the document to the City’s Engineering Department and provided options on how to improve the friction on the road. According to documents submitted to the inquiry by Golder Associates, the City declined the remedial measures proposed by Golder Associates in an email dated Mar. 15, 2016.
Six years after receiving the friction report, in 2019, the City hired a new Director of Engineering. The new Director discovered the friction report in a locked computer file.
Who are the inquiry participants?
To participate into the RHVP judicial inquiry, one needs to apply and be approved by Justice Herman J. Wilton-Siegel.
Justice Wilton-Siegel received nine applications to participate:
- City of Hamilton – Who asked for the judicial inquiry.
- Ontario Ministry of Transportation – Whose conduct is called into question by the City’s motion and Terms of Reference for the judicial inquiry.
- Dufferin Construction – Who constructed the Red Hill Valley Parkway.
- Golder Associates – Who, acting as the City’s consultant, commissioned the RHVP friction report from Tradewind Scientific Ltd. and subsequently provided the City with remedial options for improvement.
- Mr. Mirle B. Chandrashekar – Who is a former 35-year employee of the City (Supervisor of Accounting) and alleges deficiencies in transparency and accountability in senior management, and alleges undue interdependence in the relationship between politicians and staff.
- Ms. Jodi Gawrylash (represented by the law firm Martin & Hillyer Associates) – Who was seriously injured while travelling southbound on the RHVP King Street ramp and her vehicle went out of control.
- Ms. Belinda Marazzato (represented by Nolan Law) – Whose daughter, Olivia Smosarski, was tragically killed as a result of a motor vehicle collision on the RHVP. She alleges the condition of the pavement may have been the cause that killed her daughter and her friend who was driving the vehicle.
- Grosso Hooper Law (GHL) and Scarfone Hawkins (SH) – Both law firms represent over 200 individuals who were involved in various motor vehicle collisions on the RHVP. They allege the failure to disclose the friction report contributed to their clients’ harm, including fatalities, injuries, and financial impacts.
- Malcolm Hodgskiss – Whose application to participant was not published by Justice Wilton-Siegel. However, in his decision on participation, Justice Wilton-Siegel referenced Hodgskiss’ unfounded allegations of corruption, bid-rigging, and illegal operations at City Hall.
After receiving the applications, and subsequent oral submissions, Justice Wilton-Siegel granted full participation to the City of Hamilton, Ministry of Transportation, Dufferin Construction, and Golder Associates. Of those approved, only Golder Associates applied for funding, which Justice Wilton-Siegel denied.
Justice Wilton-Siegel declined to grant full participation to the many victims who were injured in car accidents on the RHVP, including those families who lost loved ones. As a result, Ms. Jodi Gawrylash, Ms. Belinda Marazzato, and over 200 potential victims and their families will not have their voice at the inquiry.
The witness list
The following witnesses will be initially heard by the RHVP Judicial Inquiry:
- Chris Murray, Former City Manager (now City Manager for Toronto)
- Gary Moore, Former Director of Engineering Services
- Marco Oddi, Former Manager of Construction at the City of Hamilton
- Ludomir Uzarowski (Golder Associates)
- Andro Delos Reyes (Golder Associates)
- Peter Gamble (Dufferin Construction)
- Paul Janicas (Dufferin Construction)
- David Hainer (Dufferin Construction)
- Chris Raymond (Ministry of Transportation)
- Becca Lane (Ministry of Transportation)
- Tom Kazmierowski (Ministry of Transportation)
- Chris Rogers (Ministry of Transportation)
- Frank Marciello (Ministry of Transportation)
- Stephen Senior (Ministry of Transportation)
- Bob Gorman (Ministry of Transportation)
- Tom Klement (Ministry of Transportation)
- Stephen Lee (Ministry of Transportation)
Notably, missing from the witness list is the former General Manager of Public Works, Gerald Davis, who would have overseen the Director of Engineering Services when the friction report was first received by the City. He retired in 2016. Also missing from the list is former General Manager Dan McKinnon, who succeeded Davis in the general manager role. In addition, the Director of Engineering Services who “found” the friction report is absent from the list.
The excluded participants, primarily the lawyers representing the victims and their families, will have no ability to ask the witnesses any questions.
The cost
In 2019, city staff estimated the RHVP judicial inquiry would cost between $5-7 million. Today, the inquiry costs to date have escalated to $13.2 million, and it is estimated to exceed $20 million when fully completed.
The primary costs of the inquiry are completely paid by the City, as such, property taxpayers in the City of Hamilton.
Public hearing dates
The public hearings related to the RHVP judicial inquiry will be virtual and will start on April 25.
The virtual hearings will be publicly accessible through the inquiry’s YouTube link. A recording and transcript of each day’s proceedings will also be made available through the website.
The hearings will generally run daily from Monday to Thursday each week from 9:30 a.m. until 4 p.m.
Some Friday dates may be scheduled.
Watch for part two of our series covering the Red Hill Valley Parking Inquiry: The question of privileged documents.
