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Hamilton

Mother of RHVP crash victim 'heartbroken' by limited participation in inquiry

The mother of a teenager who died in a crash on the Red Hill Valley Parkway is "heartbroken" no victims of collisions will be allowed to fully participate in an inquiry into the deadly road.

Belinda Marazzato says she wants to challenge parties trying to 'escaperesponsibility'

Belinda Marazotto, whose daughter OliviaSmosarski died on the Red Hill Valley Parkway in 2015, was one of nine applicants asking to take part the inquiry. (Dan Taekema/CBC)

The mother of a teenager who died in a crash on the Red Hill Valley Parkway is "heartbroken" no victims of collisions will be allowed to fully participate in an inquiry into the deadly road.

Belinda Marazzato, whose daughter Olivia Smosarskiand her best friend JordynHastingswere in a crash on the parkwayin 2015, had applied for standing, but on Wednesday Justice Herman Wilton-Siegelreleased his decision not to grant her or any other victims full participation rights.

"The only people the Commissioner has allowed to participate are the ones who have a vestedinterest in persuading him that they didn't do anything wrong, namely the City, the Province, theconstruction company and the engineers," wrote Marazzatoin a statement.

"He has shut out the only people who have an interest in preventing a whitewash, namely those ofus who have paid the ultimate price, if those parties actually did do something wrong."

Jordyn Hastings and Olivia Smosarski were killed in a crash on the Red Hill Valley Parkway in 2015. (Belinda Marazzato)

In explaining the reasons for his decision, Wilton-Seigel acknowledged the suffering Marazottoand her family had endured andadded the inquiry would benefit from their experience. But the justice said he wasn't satisfied she was "uniquely situated to offer any other information or assistance" to the inquiry as a participant.

Marazzato said she appreciated that acknowledgement, but was "profoundly disappointed" in the decision to exclude her.

The mother made an emotional plea for participation back on Dec. 10, saying she felt her daughter would have insisted she take part to protect the children of others.

The inquiry waslaunched after the city revealeda 2013 Tradewind Scientific report thatfoundthe asphalt friction on some sections of the parkway fell well below UK safety standards.

Wilton-Siegelmade it clear that the purpose of the inquiry is not to reconstruct specific cashes or determine fault. Instead, it's focused on the testing that was carried out, why results weren't made public andsafety on the road.

In order to make sure the voices of victims are heard, he proposed five steps, including that a public forum be held so people personally affected by crashes could have their say.

But Marazzato said details around what that forum would look like are still vague and she's not confident it will amount to the same impact as full participation rights.

"I am sure it will be afar cry from actual meaningful participation," she wrote in part, adding her lawyer will not be able to cross-examine or call witnesses to "challenge the other participants whose agenda is to escaperesponsibility."

Justice Herman Wilton-Siegel is the commissioner of the inquiry. He proposed other ways victims voices could be heard. (Dan Taekema/CBC)

Full participation rights also allowa partyaccess to a database of documents, the ability to comment on background materials and written evidence gathered by the commissioner's counsel, and to make written and oral submissions.

Wilton-Siegel's decision granted those rights to the city, province,DufferinConstruction Company which built the section or road that's in question and Golder Associates Ltd., the lead consultant on the friction report the inquiry stems from.

"It just feels like a sop to me," Marazzatowrote. "I think the millions of people who have travelled that Parkwaydeserve an inquiry that includes the people whose lives were devastated or put at risk by drivingon it, not just those who built it, invited them to use it and may well have kept them in the darkabout its dangers."