At this point, until we get a corroborating piece of evidence, I'm leaning toward this being a minor technical error that is conflating the TTC vehicles and the Metrolinx vehicles.
It does seem odd that there would be any focus on Finch at this point.
I'm curious about point c) in para 22 which refers to quality control and "serious welding issues". That can only refer to the TTC order, as at the time of the injunction only the one test vehicle had been produced (the second has since shipped). It does seem MTX's Engineer was relying on the TTC's experience in his evaluation.
So, perhaps it is an error....but I think the judge may be onto something. Crosstown does not need vehicles with 2 cabs.