Virtual Court Proceedings Ends in Win for Construction Client
Shawn O'Connor and Allison Russell successfully defended Kehoe Marine Construction Ltd. (Kehoe) in a dispute with Ocean Dredging DM Inc. (Ocean). In August, Ocean sought an interim injunction requiring Kehoe to stop its dredging work for a new ferry service to Wolfe Island after the two companies were unable to agree terms of a contract after signing a memorandum of understanding.
Justice Labrosse agreed that the memorandum of understanding was only an agreement to negotiate and was not enforceable if the parties could not agree on terms. In addition, Justice Labrosse found that Ocean failed to demonstrate that they would almost certainly have been successful if the matter had proceeded to trial, that there was no evidence that Ocean would suffer irreparable harm and, in fact, interrupting the dredging work would put the delivery of the project at risk.
The case proceedings were conducted entirely online, and included close to 2000 pages of documents and 125 exhibits. Cross examinations were conducted over two full days using Zoom and concluded with a one day online hearing.
To read the decision in Ocean Dredging DM Inc. v. Kehoe Marine Construction Ltd., 2020 ONSC 6743, please click here.