Ontario contractor dealt yet another blow in legal battle with N.B. government

Aidan Cox · CBC News

· Posted: Apr 25, 2025 2:51 PM EDT | Last Updated: 40 minutes ago

An Ontario operation institution has been dealt different ineligible stroke successful its combat against the New Brunswick authorities implicit 3 large span projects.

New Brunswick Court of Appeal Justice Kathleen Quigg dismissed Julmac Contracting Ltd.'s question seeking to entreaty a little court's prime not to grant an injunction that would have allowed its employees to instrumentality to enactment connected the 3 projects.

Speaking to lawyers for the 2 parties successful tribunal Friday, Quigg said she did not deliberation Julmac had satisfied criteria needed for an entreaty to spell forward.

She said she besides recovered nary crushed to uncertainty the correctness of Court of King's Bench Justice Richard Petrie's earlier determination denying the injunction request.

"Overall, the moving enactment has not convinced maine that the projected entreaty would person had a tenable anticipation of success," Quigg said.

Quigg dismissed Julmac's question and ordered the institution to wage $1,500 successful costs to the province.

The determination marks the latest section successful a feud betwixt the New Brunswick authorities and Julmac, which had been contracted by the state to bash enactment on the Anderson and Centennial bridges successful Miramichi, arsenic good arsenic the Mactaquac Dam span adjacent Fredericton.

However, the narration betwixt the 2 parties soured successful 2023, with Julmac filing a escaped commercialized ailment and civilian suit alleging the state applied stricter standards to its enactment than to New Brunswick companies.

The allegations haven't been tested successful court, but connected Feb. 20, the state abruptly ordered Julmac to region itself from the 3 projects.

Julmac filed a question successful the Court of King's Bench asking for an interlocutory injunction that would efficaciously let its employees to resume work, arguing the injunction would prevent "irreparable harm" from coming to it and its 120 employees portion it pursued ineligible enactment against the state for removing it from the projects.

On March 28, Petrie denied the injunction request, penning that the tribunal did not person jurisdiction to assistance 1 nether the Proceedings Against the Crown Act.

Lawyers marque arguments

Earlier Friday, lawyers for Julmac and the state argued for and against allowing an entreaty of Petrie's decision.

Julmac lawyer Shalom Cumbo-Steinmetz argued determination was lawsuit instrumentality wherever an injunction had been granted nether akin circumstances.

"There's bully crushed to uncertainty the correctness of the decision [by Petrie]," Cumbo-Steinmetz said. "Appellate involution is needed."

Mark Heighton, lawyer for the province, disagreed, arguing the cases cited were different successful circumstances from the facts successful this case.

Heighton added that an injunction successful this lawsuit would efficaciously enactment arsenic "final relief" successful favour of Julmac. He urged Quigg to disregard the motion.

New contracts awarded

Part of Julmac's petition for an injunction besides sought to forestall the state from awarding contracts for the 3 projects to different companies.

On Friday, Frederick McElman, a lawyer for the province, revealed that contracts had been awarded this week to implicit the enactment connected the Mactaquac Dam bridge, arsenic good arsenic the Anderson Bridge, though helium did not accidental which companies received them.

CBC News has asked the Department of Transportation and Infrastructure for accusation astir the 3 projects.

Under the Proceedings Against the Crown Act, Julmac had to springiness the state 60 days' notice earlier filing a suit for being removed from the projects.

Cumbo-Steinmetz said that announcement play means Julmac can't record its suit until May 12.