Summary of the Case:
- Claim: Doka Canada Ltd. sought a pre-judgment attachment order under Section 27 of the Judgment Enforcement Act against Astaldi Canada Inc., up to $7,244,975.88. The claim was based on an alleged breach of contract by Astaldi, which involved failure to pay for services and equipment provided for the Muskrat Falls Hydroelectricity Project.
- Application: Doka also requested a prohibition order to prevent Astaldi and Muskrat Falls Corporation from dealing with Astaldi’s property, arguing that such actions would likely hinder enforcement of any potential judgment.
Court's Findings:
- Pre-judgment Attachment Order: The court granted Doka’s request for a pre-judgment attachment order. The order attaches all exigible property of Astaldi up to the amount claimed, conditional upon Doka filing an undertaking within 30 days as required by Section 28 of the Act.
- Prohibition Order: The court also issued a prohibition order preventing Astaldi and MFC from dealing with Astaldi's property in a way that could hinder Doka's enforcement of any future judgment.
- Legal Standard: The court found that Doka met the criteria under Section 27, showing there was a serious issue to be tried and reasonable grounds to believe that Astaldi was likely dealing with its property in a way that could hinder Doka’s ability to enforce a judgment.
Costs: Doka was awarded costs on Column 3 of the Scale of Costs under Rule 55. Amount was not specified.