Victims of RHVP crashes not given full participation rights in inquiry

The inquiry into the Red Hill Valley Parkway (RHVP) has ruled applicantswho were injuredorlost loved ones incrashes on the deadly road will not be granted full participation rights.

But that doesn't necessarily mean their voices won't be heard.

Full participationrights meanaccess to a database of documents, the ability to suggest people to interview and being a witness orexaminingwitnesses during public hearings.

In giving thereasons for his decision,Justice Herman Wilton-Siegelruled those rights should be granted to the city, province and two companies involved in the construction and testing of the parkway.

Among those who were not given full participation rights wereJodi Gawrylash, who was "catastrophically injured" in a single-car rollover on the King Street off-ramp of the parkway in 2011 andBelinda Marazzato, whose daughter Olivia Smosarskiand her best friend JordynHastings died in a crash on the road in 2015.

Marazattomade an oral submission asking to be part of the inquiry, saying she felt her daughter would have insisted she participate.

"We are forever haunted that we could not protect our daughters," sheexplained at the time. "We owe it to Jordyn and Olivia to help you protect other people's children."

While he acknowledged the pain and suffering both women had endured and said the inquiry would benefit from their experience, the justice said he wasn't satisfied that either of them were "uniquely situated to offer any other information or assistance" to the inquiry as a participant.

Wilton-Siegel also decided to exclude six applicants from different law firms, writing he did not believe they had the authority toacton behalf of a group of concerned citizens and that their ongoing court actions, including a class-action lawsuit involving RHVP victims, are the "appropriate forum" to determine any fault for crashes.

He notedthe purpose of the inquiry is not to "reconstruct specific accidents" on the parkway. Instead, it's focused on the testing that was carried out, why results weren't made public andsafety on the road.

However, in order to make sure the issues of victimsare addressed, Wilton-Siegelproposedfive steps the inquiry could take, including hosting a public forumwhere people who havebeen personally affected by crashes on the parkway can be heard.

The inquiry will also accept written submissions from participants and non-participants after the public hearings end.

Wilton-Siegeladded applications for participation in the inquiry will remain open to allow for that voice to be heard.

"The Inquiry's process would be well-served by having a representative voice from a broad-based group of concerned citizens..." he wrote in part.

"Such a group could include, but need not be limited to, individuals who are victims of accidents, whether as injured parties or as family members or friends of injured parties."

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.

It's tasked with answering 24 questions that cover five general areas:

• The friction report carried out by GolderAssociates Ltd. subcontractor Tradewind in 2013 and why it wasn't provided to city council or the public until 2018.
• Issues around friction testing the province carried out on the RHVP in 2007, how it compared to the findings of 2013 report and why it wasn't made public or handed over to city council.
• Whether the city or province completed any other testing on the parkwayincluding friction, asphalt or general road safety and, if so, how they compare to the 2007 and 2013 test results.
• What standards, if any, Ontario has for determining acceptable friction levels.
• And finally, how factors other than friction such as driver behaviour, lighting and weather contribute to crashes on the RHVP.

Wilton-Siegel's decisioncomes after a meeting on Dec. 10 wherenine applicants made oral submissions, stating their case for participating or funding.

DufferinConstruction Company, whichbuilt the section ofroad in question, will be granted full participation rights, along with Golder, the lead consultant on the friction report the inquiry stems from.

However, the justicedid not recommend fundingGolder even though representativesargued the cost to participate, estimated in the range of $200,000, would be shouldered by the 20 partners who make up the geotechnical group.

Wilton-Siegel noted Golder's request was not based on an inability to pay and ruled the cost of the inquiry couldn't be considered an "extraordinary and unforeseen expense."

Still, heleft the door open for possible funding in the future,as long as the group includes a detailed breakdown of fees and evidence showing its "intention to participate meaningfully" in the inquiry.