Hydro One brought a motion for an interim and interlocutory injunction to prevent the defendants from interfering with the completion of the Niagara Reinforcement Project (NRP).
The defendants, asserting indigenous rights and jurisdiction, had blocked access to the construction site.
The court applied the RJR-MacDonald test, finding a strong prima facie case of trespass, irreparable harm due to potential financial losses and safety risks, and that the balance of convenience favoured granting the injunction.
The court also held that as a private entity, Hydro One owed no duty to consult.
The injunction was granted.
