Remember how the media was screaming murder over the TYSSE delays?
Actually, TTC did the same thing with TYSSE. They waited until the overrun added up to about $450M before they publicly announced a delay. They must have known earlier, when the overrun was only say $200M, or $300M. Part of that pause however was figuring out a recovery plan so when they came clean, they could say what they were doing to fix the problem.
In ML's case, their own recovery plan seems to be to hint that they will take Crosslinx to court. Like they took Bombardier to court over tram order (and lost). And like they already took Crosslinx to court (and lost). ML likes the political theatre of starting a lawsuit, hoping nobody will follow what happens.