City asks for judge to be appointed to its Red Hill Valley Parkway investigation

The city has taken its first major step toward a judicial investigation into a buried Red Hill Valley Parkway report — it's asked for a judge.

Hamilton's city solicitor sent the request to Ontario superior court late last week, says Mike Zegarac, acting city manager. Now the city waits for someone to be assigned to the case. 

That can take a few months, Zegarac said Wednesday. In the meantime, council will start debating in late April what scope that investigation should take.

Even when council does hammer out that list of questions, Zegarac said, it will only be a suggestion. The investigation is independent, and the judge will decide its scope.

The city ordered the investigation after a bombshell announcement in February that a report around the road's slipperiness was kept under wraps.

That 2013 study from Tradewind Scientific used UK safety standards to measure the friction of the pavement. The study used UK standards because none exist for North America.

The report said friction on parts of the Red Hill fell below UK standards, and in some cases, well below. The study stayed in a locked folder on the city's network for years, and was only revealed to council in February.

"On behalf of the City of Hamilton, staff apologize to council and the general public for how this matter has come to their attention," said a city statement, which Zegarac read out on Feb. 6.

The city immediately lowered the speed limit from 90 km/h to 80 from Green Hill Road to the QEW. It also bumped up plans to repave the stretch, which it was already going to do as part of millions in safety upgrades.

The news was especially sore for families whose relatives were killed on the road. Some had already made emotional pleas to council. That included Susan Sholar, whose son Michael died in a January 2017 crash.

"How long is that going to take?" Sholar said at a 2017 council meeting. "How many people are going to die?"

The city still isn't sure how it will pay for the judicial investigation, although Zegarac said it will come from a reserve. An outside lawyer said could cost as much as $11 million.

Once the investigation begins, said Toronto-based lawyer Eli Lederman, the judge can go in any direction. Some investigations take years.

Lederman, who council hired for advice, recommended an auditor general report instead. Most councillors wanted a judicial investigation because the testimony will be public.

"We've lost the confidence of this community," Coun. Terry Whitehead said in March.