Red Hill inquiry public hearings set to begin

For years, the city dismissed as rumour the idea that Hamilton's prized parkway was slippery.

Anecdotal driver complaints about the Red Hill Valley Parkway date back almost to its opening in 2007. After a record-high year for Red Hill collisions in 2015 - the same year two young women died in a tragic crossover crash - families of victims demanded action to make the parkway safer.

At the time, the city's top engineer assured the public there were no concerns" with pavement quality.

An award-winning investigation by The Spectator in 2017, which found the rate of parkway crashes was double that of the adjoining Linc, also revealed the city did friction testing on the Red Hill that officials labelled inconclusive."

But two years later, the city shocked and enraged residents by admitting the existence of a 2013 report showing poor friction on the Red Hill that was inexplicably never made public. Over the years the report was buried, more than 200 serious collisions and four deaths happened on the parkway.

On Monday, a judicial inquiry headed by a Superior Court judge will begin trying to untangle the mystery of Hamilton's slippery parkway in public hearings that are expected to continue for most of this year.

It's about time, said Leony Hastings, whose 19-year-old stepdaughter, Jordyn, died alongside best friend Olivia Smosarski in a tragic crossover crash on the parkway in 2015. This has been a long haul ... We all deserve answers," said Hastings ahead of the start of hearings that have been delayed by the COVID pandemic and behind-the-scenes legal wrangling.

There are a lot of big numbers involved in the judicial inquiry, which technically started in May 2019 but has largely operated behind the scenes until now. More than 60 witnesses interviewed. More than 115,000 documents scrutinized by lawyers. An estimated inquiry price tag of up to $20 million.

But the number that spurs painful what-if" questions even now for Hastings is five - as in the number of years the controversial friction report remained buried. She said her family still wonders if the fateful crash that robbed them of Jordyn could have been avoided if the city had acted sooner on recommendations in the report.

The lost Tradewind Scientific report, delivered to the city in January 2014, noted lower friction on the Red Hill compared to the adjoining Lincoln Alexander Parkway and suggested more investigation and possible remedial action."

Once the report resurfaced, the city fast-tracked repaving in the spring of 2019.

We need to know, why was the report buried for so long? How do you pay for (a study) and then not know about or follow up on the results?" Hastings asked. It seems like somebody at the city allowed people to travel on a roadway that they knew wasn't safe."

Here's a refresher on the Red Hill controversy and the inquiry ahead of virtual hearings starting Monday:

How does a judicial inquiry work?

The inquiry is headed by a Superior Court judge, Justice Herman Wilton-Siegel, who will also preside over public hearings that include witness testimony and potentially cross-examination.

The inquiry legal team will also file the equivalent of an agreed statement of facts on Monday that will summarize what the judicial probe has learned since 2019.

The hearings will be held in two stages, with the first running from Monday into August and the second beginning in the fall. Once the hearings end, Wilton-Siegel will publish a report with his findings.

Because of the pandemic, the public hearings will be held virtually, typically Monday to Thursday starting at 9:30 a.m. You can watch on YouTube and check the witness list at rhvpi.ca.

What is the inquiry supposed to accomplish?

The biggest, most controversial question that spurred the inquiry is this: how did a city-commissioned friction report with troubling safety findings get buried for five years?

Top bureaucrats and council members claimed no knowledge of the report when it was found by a new roads official in late 2018. The Spectator filed a freedom-of-information request for any details on friction testing that same year.

Council asked the inquiry head to determine who knew what, and when, about the report.

But the commissioner will also delve into other questions about how the parkway was constructed, separate friction tests conducted by the provincial Ministry of Transportation and whether delayed access to the various safety studies contributed to more roadway crashes on the Red Hill.

Will the results of the inquiry be available by the fall city election?

No such luck, voters.

The second stage of the inquiry is not slated to start before the fall - and it will likely be next year before Wilton-Siegel publishes his findings. Still, there will be plenty of testimony heard in public before you go to the polls.

Who is expected to testify at the inquiry?

Dozens of people, including current and former city managers, provincial officials and employees from consulting and construction firms that worked to build the original parkway.

Names you might know on the witness list so far include former city manager Chris Murray and past engineering director Gary Moore, who prior to 2019 told The Spectator there was no formal friction testing report and that results were, in any case, inconclusive."

Crash victims and their families are also hoping to hear from consultant Golder Associates, which in submissions to the inquiry has claimed it repeatedly discussed the friction report - and possible fixes - with unspecified city officials in the years the study was buried.

How much will the inquiry cost? And who pays?

The latest cost estimate for the inquiry is between $18 and $20 million. The city agreed to pay the tab when it requested the inquiry - although at the time council assumed a worst-case cost closer to $11 million. While taxpayers are on the hook for costs, the city has so far used reserves to pay the inquiry tab.

Is the judicial inquiry related to the class-action lawsuit against the city?

No.

There is indeed a proposed $250-million class action against the city related to parkway collisions - not to mention 23 other individual lawsuits waiting in the wings.

But the judicial inquiry was requested by the city and is meant as a fact-finding investigation. It is expected to yield recommendations, but not findings of criminal or civil liability.

All that said, lawyers will be watching inquiry testimony and findings with interest.

Matthew Van Dongen is a transportation and environment reporter for The Spectator. mvandongen@thespec.com