Because it would mean that the other 7 cars were fundamentally complete, and perhaps just sitting waiting for some specialized part or modification, and not the primary focus on the production line.
While you've said that, I haven't seen any other source for that, so I didn't believe it, as there are two production lines at Kingston, and if the plant was operating properly, the one line would the Flexity Freedom vehicles, and the other would be the Flexity Outlook vehicles.
Clearly though, you were correct. And it's becoming increasingly clear that the plant is not operating properly.
If the cars are sitting in Kingston, constrained only by shipping, they aren't blocking the production line.
I doubt any judge in a common law legal system is going to enforce penalties, if the cars are sitting in Kingston with Metrolinx approval for shipping on February 1, given the lack of any financial damages that it would create.
On another note - it does seem odd that Metrolinx is getting 6 prototypes for a much smaller order than TTC got 3 prototypes for. Particularly when they have so little track in Toronto to run them on.
I assume there's some pause after the first 6 cars, and that Bombardier can't start substantial work on the 7th car, until some kind of approval is given my Metrolinx? Do you know how much time was scheduled for that approval after February 1?