Tribunal Says Be Upfront About Bid-Protest Rights

By Anna Krol In its March 2018 determination in Vantage Painting Ltd. v. Department of Public Works and Government Services, the Canadian International Trade Tribunal (“CITT”) issued one if its first rulings under the new Canadian Free Trade Agreement (the [...]

Tribunal Rules on Passive Assessments of Written Submissions

By Anna Krol In its March 2018 determination in AirClean Systems Canada v. Department of Public Works and Government Services, the Canadian International Trade Tribunal (the “Tribunal”) dealt with a challenge to the assessment of public health and safety criteria [...]

Winning Defence Costs Millions in Unpaid Expenses

By Paul Emanuelli In its March 2017 decision in Kaymar Rehabilitation Inc. v. Champlain Community Care Access Centre, the Ontario Superior Court of Justice rejected a lost profit claim by an unsuccessful incumbent supplier. After bidding on a therapy services [...]

Negotiated RFP Dispute Summarily Dismissed

By Paul Emanuelli In its October 2017 decision in Adlair Aviation (1983) Ltd. v. Nunavut, the Nunavut Court of Justice summarily dismissed a lawsuit against the government after finding that the challenged air ambulance RFP did not create the Contract [...]

Canada and Europe Ratify CETA

By Paul Emanuelli In February 2017, after prior consultations with its constituent members, the European Parliament approved the Canada-Europe Comprehensive Economic and Trade Agreement (“CETA”). After the terms of the CETA were negotiated, and while that treaty was undergoing its complex ratification [...]

Court Recognizes Duty to Retender After Material Omission

By Paul Emanuelli In its June 2017 decision in ASI Group v. Toronto, the Ontario Superior Court of Justice upheld a municipality’s decision to cancel and retender a project. The case dealt with a tender call for dive services. The [...]

Bid Accepted Notwithstanding Missing Project Schedule

By Paul Emanuelli In its May 2017 decision in Maglio Installations Ltd. v. Castlegar (City), the British Columbia Supreme Court dismissed a claim by a losing bidder after finding that a competing bid was compliant and capable of acceptance. The [...]

Bid Properly Rejected for Lack of Certification

By Paul Emanuelli In its February 2017 decision in Surespan Construction Ltd. v. Saskatchewan, the Saskatchewan Court of Queen’s Bench summarily dismissed a claim by a rejected bidder after finding that its bid was non-compliant. The case dealt with a [...]

Oblique Evaluation Requirements Result in Damages

By Paul Emanuelli In its October 2017 determination in Rockwell Collins Canada Inc. v. Public Works and Government Services, the Canadian International Trade Tribunal awarded lost profits to an improperly disqualified bidder. The case dealt with an RFP for air [...]