Julmac asks judge for injunction to allow it to return to work on N.B. bridges

Aidan Cox · CBC News

· Posted: Mar 21, 2025 5:00 AM EDT | Last Updated: 11 minutes ago

An Ontario operation institution argued successful court Thursday that it should beryllium allowed to instrumentality to enactment connected 3 span projects the New Brunswick authorities removed it from connected Feb. 10.

Julmac Contracting Ltd. is seeking an interlocutory injunction, which is simply a provisional measure that would let its employees to instrumentality to enactment connected the Anderson and Centennial bridges successful Miramichi, arsenic good arsenic the Mactaquac Dam span adjacent Fredericton.

In a little filed by its lawyers, Julmac says the injunction would forestall "irreparable harm" to the institution and its employees portion it pursues a legal situation to the province's determination to region it.

"Julmac would spell back to the occupation sites. The contracts, which are inactive successful force, would continue to run arsenic they did before," said Julmac lawyer David Outerbridge, addressing Justice Richard Petrie astatine the Burton courthouse.

At slightest 25 radical — speech from the parties' ineligible teams — showed up to the tiny rural courthouse, galore of them arriving successful pickup trucks and inferior vans.

The attendees mightiness person hoped for a ruling Thursday that would find whether Julmac's unit could instrumentality to work, however, Petrie wasn't prepared to bash that.

At the outset, Petrie said the grounds for the question contained astir 2,000 pages of evidence.

With that came the need to benignant done which of those should beryllium admissible before helium could measurement the merits of the injunction request.

"All of this lands connected my thigh successful the midst of a important scheduling challenge," helium said.

Province argues nary grounds for injunction

Petrie said alternatively of dealing with the grounds Thursday, helium suggested the 2 parties code a much foundational issue raised by the province.

In its effect to Julmac's motion, the provincial authorities argued that an injunction isn't even an enactment that Julmac could pursue successful this case.

Lawyer Mark Heighton said the state did not enactment successful a mode that was extracurricular of its statutory authorization erstwhile it decided to remove Julmac from the projects.

Therefore, an injunction to effectively rescind the province's default notices against Julmac wouldn't beryllium allowed nether the Proceedings Against the Crown Act.

"There are a fig of leaps you are going to request to marque successful bid to reason that an injunctive alleviation is adjacent available," Heighton said.

"You don't person New Brunswick lawsuit instrumentality that guides you connected this and I'd suggest what Julmac is asking you to bash is to work into lawsuit instrumentality that doesn't straight use to this situation."

New tenders being issued for work

After proceeding arguments, Petrie announced helium would reserve his determination connected whether an injunction is an enactment successful this case.

That prompted Outerbridge to inquire for different injunction to forestall the Department of Transportation and Infrastructure from awarding contracts for the projects to different companies.

"I deliberation it's wholly unfair of Julmac to marque this suggestion," said Frederick McElman, a lawyer for the province, successful response.

McElman referred to grounds connected the grounds indicating that tenders for 2 of the projects would beryllium reissued this month, with the contracts expected to beryllium awarded successful aboriginal April.

Petrie agreed that Outerbridge's last-minute petition was inappropriate and assured some parties he'd person a ruling earlier then.

"The champion I can bash is springiness my determination arsenic soon arsenic I can," helium said.