The plaintiff, Ocean Dredging DM Inc., brought a motion for an interlocutory injunction to prevent the defendant, Kehoe Marine Construction Ltd., from breaching a Memorandum of Understanding (MOU) and to compel the defendant to negotiate subcontracts for a marine dredging project.
The court found that the relief sought was mandatory in nature, requiring a strong prima facie case.
The court dismissed the motion, concluding that the MOU was an agreement to negotiate with many outstanding terms, the plaintiff failed to demonstrate irreparable harm, and the balance of convenience favoured the defendant.
