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Red Hill Valley Parkway Inquiry
Update November 29, 2022

Commission Counsel is preparing for Phase 2, the Inquiry’s next and final phase. Phase 2 will focus on expert evidence looking at factors that contributed to motor vehicle accidents on the Red Hill Valley Parkway, as well as policy and governance issues at the City of Hamilton that arise from the Inquiry’s Terms of Reference.

Commission Counsel has delivered expert reports on pavement surface, traffic safety and good governance to Inquiry participants. Those reports will be filed as exhibits in Phase 2 and made public at that time.

Participants have the opportunity to consider if they wish to seek leave from the Commissioner to file responding reports. A brief motion for any participant seeking leave to file such a report is expected to be held on December 13 and will be live streamed on the Inquiry website.

Tentative dates for evidence in Phase 2 have been scheduled in January and February 2023. The scope and timing of Phase 2 will depend on whether participants seek and are granted leave to file responding reports. Participants will also have the opportunity to file written closing submissions and make oral submissions to the Commissioner on dates to be set in March 2023.

If additional hearing dates become necessary for Phase 1, they will be scheduled in December 2022 or January 2023.

Update October 5, 2022

The Witness List for Public Hearings has been updated. You can find the list under Public Hearings on this website. The Inquiry will not sit on Monday, Oct. 10.

Update October 3, 2022

The Inquiry’s Commissioner has directed Dominic Pellegrini, Senior Investigator, Audit Services, to testify at the Public Hearing. Mr. Pellegrini will testify on October 7. The decision on the motion for directions brought by the City of Hamilton’s Office of the City Auditor can be found on this website’s Legal Information page. The witness list has been updated to reflect Mr. Pellegrini’s testimony and other scheduling changes.

RHVPI, Ruling on OCA Motion for Directions, September 30, 2022 [16 pages – 220kb]

Update September 20, 2022

The Commissioner will hear brief oral submissions during the Public Hearing scheduled for Wednesday, Sept. 21 regarding a motion brought by the City of Hamilton’s Office of the Auditor General. The motion seeks directions regarding the summons requiring Dominic Pellegrini of the Office of the Auditor General to testify at the Public Hearing. Motion materials have been posted on this website under Legal Information.

Update September 19, 2022

Public Hearings will now resume with witness testimony on Wednesday, Sept. 21 at 1 p.m. and also sit this week on Friday, Sept. 23. There will be no Public Hearing on Thursday, Sept. 22. Please see the updated witness list for more details on the schedule for September and October.

Update September 14, 2022

The Inquiry’s Public Hearings have been adjourned due to illness. They will resume on Thursday, September 22.

Update September 7, 2022

The list of witnesses scheduled to testify during the Public Hearings has been updated and can be found on the Witness List page of this website under the Public Hearings tab.

Public Hearings will resume on Monday, Sept. 12.

Update September 1, 2022

Overview Documents 9 and 10 have been updated to reflect information in documents ordered released in a privilege dispute with the City of Hamilton.

Overview Documents 9a and 10a have now been posted to this website on both the Overview Documents and Exhibits pages under the Public Hearings tab.

Update August 30, 2022

The City of Hamilton has accepted the Designate’s decision to produce in whole or part the majority of documents at issue in its claim of privilege.

As a result, the Inquiry can now release the 10-page chart included in the Designate’s decision in which he provided his reasons on the admissibility of each individual document. The decision and chart have been posted to this website under the Decision of the Designate tab and can be found here.

A redacted transcript of the in camera privilege motion held on Aug. 9 has also been posted to the website under Privilege Dispute Materials and can be found here.

The Inquiry is now updating relevant Overview Documents to reflect information in the newly released documents. Some or part of these documents may also be entered into the Inquiry as exhibits as witnesses are called during Public Hearings.

Public Hearings resume on Sept. 1 and sit for part of the week of Sept. 5. The schedule for Public Hearings beyond that will be updated once it is confirmed and posted on the website.

Update August 26, 2022

Resumption of Public Hearings has been postponed until Sept. 1, with previously scheduled witnesses to provide testimony on Sept. 1, Sept. 2 and Sept. 6. The schedule for Public Hearings beyond that will be updated once it is confirmed, and posted on the website.

Update August 18, 2022

The Hon. Frank Marrocco, the designate appointed by the Commissioner to determine the City of Hamilton’s assertions of privilege over certain documents, has issued his decision. The Designate found that, by calling the Inquiry the City waived privilege over documents that are highly relevant to the Inquiry’s Terms of Reference. The Designate has directed the City to produce, in whole or in part, the majority of the documents at issue, including those most significant to the Inquiry’s work. The Designate concluded that the release of the documents is necessary to ensure fairness and consistency to all that may be affected by the Inquiry’s final report and to avoid factual inconsistencies, erroneous findings of misconduct and unsuitable recommendations.

The Commissioner thanks the Hon. Frank Marrocco for his disposition of the City’s motion.

Counsel for the City has advised that the City is considering its position in light of the Designate’s decision. Commission Counsel will review the schedule for the remaining public hearings, currently scheduled to resume on August 29, once it receives the City’s position on the Designate’s decision.

The Designate’s decision has been posted on the Inquiry website under Legal Information. The Designate’s decision included a 10-page chart in which he provided his reasons on the admissibility of each individual document. As this chart describes the documents at issue, it will not be posted until the privilege dispute, including any judicial review or appeal, is resolved.

Privilege Disputes Decision, August 15, 2022 (without chart) [6 pages – 264kb]

Update August 8, 2022

The Inquiry’s public hearings resume on Wednesday, August 10, with witness testimony now scheduled for August 10 and 11. The witness list on this website under the ‘Public Hearings’ tab has been updated.

Hearings will break again from August 12 until August 29, as the Inquiry awaits a decision from the in camera proceeding before the Designate appointed to hear and determine the City of Hamilton’s assertions of privilege over certain documents.

Update July 21, 2022

The Inquiry’s public hearings are on a scheduled break. They will resume at 9:30 a.m. on August 10, 2022. The schedule of witnesses will be updated in advance of the resumption of public hearings and posted to the website on the Witness List page.

Update July 7, 2022

The in camera proceeding before the Designate appointed to hear and determine the City of Hamilton’s assertions of privilege over certain documents is now scheduled to begin August 9.

As a result of the timing, changes to the schedule for public hearings for July and August are necessary with a result that Phase 1 of the public hearings are expected to run into early Fall 2022. Phase 2, which will focus on expert evidence, will be scheduled thereafter.

The witness list on this website under the ‘Public Hearings’ tab has been updated.

Update July 6, 2022

Public hearings were adjourned unexpectedly on July 4 due to COVID-19. It is anticipated that hearings will not resume until at least mid-July. The witness list and schedule for July will be updated and posted on the website as soon as it is known when hearings can resume.

Update May 19, 2022

Lead Commission Counsel Robert A. Centa has been appointed a judge of the Superior Court of Justice of Ontario by the Government of Canada.

The Commissioner extends his congratulations to Justice Centa on his appointment.

The Inquiry’s work will continue without interruption. Commission Counsel Andrew Lewis and Emily Lawrence, who have been part of the Commission team throughout, will continue in their roles.

Update May 2, 2022

The Inquiry’s Public Hearings will not sit on Tuesday, May 3 as previously scheduled, due to witness availability. The hearings will resume on Wednesday, May 4 at 9:30 a.m., with testimony from Marco Oddi, Manager of Construction Engineering at the City of Hamilton’s Public Works Department.

Update April 25, 2022

Inquiry Commissioner Herman Wilton-Siegel has released his decision on the City of Hamilton's motion requesting a designate to determine whether or not certain documents are protected by legal privilege. You can read the decision here:

RHVPI Decision on Motion for Directions

Update March 30, 2022

The Red Hill Valley Parkway Inquiry’s public hearings will begin on Monday, April 25, 2022.

The hearings will be held virtually and the public will have access to view the proceedings through the Inquiry’s YouTube link on this website. 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 4:30 p.m., with a mid-day break. Some hearings may start earlier or end later than usual.

See our media release for more information: Red Hill Valley Parkway Inquiry Public Hearings Begin April 25, 2022

Update March 30, 2022

The City of Hamilton has delivered a notice of motion for directions. The motion asks the Commissioner to appoint a designate to determine whether or not certain documents are protected by a form of legal privilege and, therefore, the City need not produce them to the Inquiry. The City is also asking the Commissioner to direct the designate to hear the motion in camera and that any motion materials be filed with redactions to protect information that may be privileged.

If any members of the media or public wish to make submissions to the Commissioner about the motion for directions, please contact lead Commission Counsel Robert A. Centa at Robert.Centa@PaliareRoland.com no later than noon on April 6, 2022.

Update July 27, 2020

The Red Hill Valley Parkway Inquiry (RHVPI) is inviting members of the public who were affected by an accident on the Red Hill Valley Parkway and who have information or documentation they wish to share to contact the Inquiry to discuss their experiences.

Those who wish to get involved should contact the Inquiry by email at publicconsultation@rhvpi.ca, and include their name, contact information and a brief description of what they would like to share. The Inquiry will try to respond within 48 hours to obtain additional information and arrange a time for a telephone or video conference call.

The Inquiry's consultation with affected persons will begin in August 2020.

Affected persons who wish to be involved in the Inquiry's consultation should be aware that the Inquiry may share relevant information or documents it receives with other Inquiry participants.

See our media release for more information: Public Invited to Share Information on Red Hill Valley Parkway with Inquiry

Update July 7, 2020

Commissioner Herman Wilton-Siegel held a virtual public hearing of the Red Hill Valley Parkway Inquiry (RHVPI) on July 7, 2020 to receive updates from Commission Counsel and participants on the status of document collection and production. An archived version of the live-stream can be found here: https://youtu.be/w0FzE4Wo2aA

Update July 5, 2020

Commissioner Herman Wilton-Siegel will hold the next public hearing of the Red Hill Valley Parkway Inquiry (RHVPI) on July 7, 2020 at 10 a.m. to receive updates from Commission Counsel and participants on the status of document collection and production.

As a result of restrictions on public gatherings during the COVID-19 pandemic, participants will take part in the hearing virtually with a live-stream made available to the public on the Inquiry’s website, www.rhvpi.ca at https://youtu.be/w0FzE4Wo2aA. A transcript of the hearing will follow, and will also be posted to the website.

The Inquiry continues to be actively engaged in the document collection and research phase. As part of this, the Commissioner and Commission Counsel have been maintaining regular contact with participants, continuing to seek the production of documents for participants and non-participants, and engaging subject-matter experts to conduct research and analysis.

Restrictions in response to the global public health crisis have understandably resulted in some delay in the ability of participants and non-participants to assist the work of the inquiry. However, the Inquiry cannot proceed to the next stage of its work, interviewing persons of interest, until all documents have been received and reviewed. Once the interviews are completed, the public hearings stage can begin.

Update February 12, 2020

Commissioner Wilton-Siegel has released his decision and reasons concerning participation and funding in the Inquiry

Update January 10, 2020

Nine applicants made oral submissions to participate in the Inquiry. The transcripts of the hearing are available here:

Update January 9, 2020

Commissioner's Statement at Community Meeting

Update January 8, 2020

Commissioner Mr. Justice Wilton-Siegel will hold two events in the Council Chambers of Hamilton City Hall this week. On Thursday, the public is invited to learn more about the Inquiry at a public meeting to be held from 7 to 9 p.m. On Friday, nine applicants will make oral submissions to participate in the Inquiry, beginning at 10 a.m. Both events will be broadcast live on Hamilton’s Cable 14. Anyone wishing to view either event online can watch the livestream at www.cable14now.com/RHVPI. Recordings of each event will be available by early next week and can be viewed then here: www.cable14now.com/RHVPI/VOD.

Update December 10, 2019

Applications were received to participate in the Red Hill Valley Parkway Inquiry (RHVPI). Read the Commissioner's Reasons and Decision on publication of and oral submissions respecting applications to participate and seek funding here. The applications can be found here.

Update November 13, 2019

The Red Hill Valley Parkway Inquiry (RHVPI) will hold a public meeting on January 9, 2020 in the Council Chamber of Hamilton City Hall 7-9 p.m. See our News Release for more information.

Update October 30, 2019

Applications to participate in public hearings at the Red Hill Valley Parkway Inquiry (RHVPI) are now open. Applications to participate and seek funding must be sent to rcenta@rhvpi.ca by November 29, 2019 at noon. If the Commissioner determines oral submissions would assist him, a hearing will be held in January 2020. Here are the rules regarding applications to participate and seek funding, as well as an application form and a media release.

Update August 19, 2019

Public invited to follow Red Hill Valley Parkway Inquiry (RHVPI) through website, Twitter

About the Inquiry

In early 2019, the City of Hamilton received information regarding a 2013 friction report related to the Red Hill Valley Parkway.

On April 24, 2019, the City passed a resolution pursuant to s. 274 of the Municipal Act, 2001 requesting the Chief Justice of Ontario to appoint a Superior Court judge to investigate matters related to the disclosure of the friction report.

The Honourable Mr. Justice Herman J. Wilton-Siegel was appointed to preside over the inquiry in May 2019.

Judicial Inquiries are a way for governments to examine issues and problems outside the regular legislative process. They can help communities benefit from independent, neutral examination of public issues. Public inquiries can also help shape public policy and make recommendations that will serve the public in future.

Contact

Emily Lawrence

Inquiry Counsel, Red Hill Valley Parkway Inquiry

155 Wellington St. West, Suite 3500

Toronto, ON M5V 3H1

phone 416-646-7475

Fax: 416-646-4301

email elawrence@rhvpi.ca

Wendy McCann

Director of Communications, Red Hill Valley Parkway Inquiry

phone 416-473-4829

email wmccann@rhvpi.ca


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