McMeekin v. Northwest Territories (Liquor Commission)
Northwest Territories Supreme Court
August 25, 2008
In its August 2008 judgment in McMeekin v. Northwest Territories (Liquor Commission), the Northwest Territories Supreme Court rejected the judicial review application of an unsuccessful proponent but also rejected the government’s attempt to strike down all of the proponent’s claims. Read the rest of this entry »
Kwanlin Dün First Nation v. Government of Yukon
Yukon Territory Supreme Court
September 12, 2008
In its Septemgber 2008 judgment in Kwanlin Dün First Nation v. Government of Yukon, the Yukon Territory Supreme Court granted an application for an injunction and suspended a public tendering process for the expansion of the air terminal at Whitehorse International Airport. Read the rest of this entry »
Ta’an Kwach’an Band v. Yukon (Premier)
Yukon Territory Supreme Court
July 28, 2008
In its July 2008 judgment in Ta’an Kwach’an Band v. Yukon (Premier), the Yukon Territory Supreme Court granted the Ta’an Kwach’an Band’s application for an injunction and suspended a public tendering process for the sale of government land. Read the rest of this entry »
While, as a general rule, the courts tend to be reluctant when it comes to granting injunctions during a tendering process, obtaining such relief is not impossible in the right circumstances. The first three cases in this section serve as useful recent illustrations of both the general tendency against granting injunctions and of the possibility of obtaining injunctive relief in appropriate situations.
The last two cases illustrate the difficulties faced by purchasers in obtaining summary dismissals of legal actions launched by unsuccessful bidders.
Northway Aviation Ltd. v. Southeast Resource Development Council Corp. Ltd.
Manitoba Court of Appeal
July 16, 2008
In its July 2008 judgment in Northway Aviation Ltd. v. Southeast Resource Development Council Corp. Ltd., the Manitoba Court of Appeal overturned a lower court decision that had granted an injunction preventing the sale of an airplane hangar until a trial resolved who was entitled to purchase the hangar. Read the rest of this entry »
R. v. Kupfer
Manitoba Court of Queen’s Bench
July 15, 2008
In its July 2008 decision, the Manitoba Court of Queen’s Bench upheld the November 2007 judgment of the Manitoba Provincial Court in R. v. Kupfer which found the accused guilty of violating The Legislative Assembly and Executive Council Conflict of Interest Act. Read the rest of this entry »
Air-Tite Sheet Metal Ltd. v. N.D. Dobbin Ltd.
Newfoundland and Labrador Supreme Court – Trial Division
August 6, 2008
In its August 2008 decision in Air-Tite Sheet Metal Ltd. v. N.D. Dobbin Ltd, the Newfoundland and Labrador Supreme Court – Trial Division found a general contractor liable for bid shopping. The case dealt with the construction of a German Air Force training base in Goose Bay, Labrador. The defendant, N.D. Dobbin Ltd., was the general contractor for a phase of construction that included the installation of the heating system. The plaintiff, Air-Tite Sheet Metal Ltd., won the mechanical subcontract to install the heating system pursuant to a bidding process. Prior to awarding the subcontract, Dobbin approach Air-Tite and asked for a $25 000 price reduction on the $3.3 million bid. Air-Tite refused. The parties then proceeded with the work without formalizing a written contract. Read the rest of this entry »
Amber Contracting Ltd. v. Halifax (Regional Municipality)
Nova Scotia Supreme Court
June 30, 2008
In its June 2008 decision in Amber Contracting Ltd. v. Halifax (Regional Municipality), the Nova Scotia Supreme Court found the Region liable for bid shopping after it cancelled and re-initiated a tendering process based on purported budget constraints. The case involved a tender call for the construction and upgrade of a sanitary pumping station in Dartmouth, Nova Scotia. After the initial bids came in over the budget estimate, the Region initiated post-bidding discussions with the low bidder. However, after some delay, the Region decided to re-issue a new tender call that was almost identical to its original tender call. The Region then awarded a contract to a different bidder, whose tender exceeded the original budget estimate. The original low bidder sued. Read the rest of this entry »
Increasingly, governments in developed countries are looking to sustainable procurement to rescue their foundering economies under the guise of “green” or “sustainable” procurement. Read the rest of this entry »
144314 Canada Inc./Nexys v. Department of Human Resources and Social Development
Canadian International Trade Tribunal
July 14, 2008
In its July 2008 determination in 144314 Canada Inc./Nexys v. Department of Human Resources and Social Development, the Canadian International Trade Tribunal upheld a complaint after finding that the government had inaccurately interpreted a vague mandatory requirement and had improperly rejected the complainant’s proposal. Read the rest of this entry »
Immeubles Yvan Dumais Inc. v. Department of Public Works and Government Services
Canadian International Trade Tribunal
July 18, 2008
In its July 2008 determination in Immeubles Yvan Dumais Inc. v. Department of Public Works and Government Services, the Canadian International Trade Tribunal upheld a complaint after finding that the government applied an undisclosed formula to score the pricing of the complainant’s bid. Read the rest of this entry »