BC Ferries contracted with HydroCorp to build a new passenger ferry boat. HydroCorp started construction on the boat in January 2020, with a targeted completion date of October 2021. However, in January of 2021, it became clear to HydroCorp that the price of steel, a main component of the ship, was increasing rapidly. HydroCorp asked for a meeting with BC ferries to discuss the project. On January 12, 2021 at the meeting, HydroCorp proposed using aluminum instead of steel in certain parts of the boat in order to save money. Without the savings, the contract would not be profitable for HydroCorp; in fact, HydroCorp would likely suffer a large loss. At the meeting, BC ferries told HydroCorp that they would not allow the use of aluminum as requested. However, BC ferries said it would award HydroCorp its next contract for a new ferry boat. HydroCorp finished the ferry boat on time, with steel as promised. And BC ferries paid the promised purchase price. However, when it came time for BC Ferries to award its next contract, in January of 2022, BC Ferries ended up opening up the contract to bids from competing builders and HydroCorp was not chosen as the successful bidder (and the contract was awarded to someone else).

Hydrocorp is now suing BC Ferries, claiming promissory estoppel. Will they be successful?