lost profit claim

Overbudget Bids Trigger Bid-Shopping Battles

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. A close reading of Canadian case law reveals that there is no risk-free exit strategy when bids come in overbudget [...]

Compliance Issues Trigger Lost Profit Claims

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. The Canadian courts have imposed a strict regime on purchasing institutions that conduct their tendering processes under the Contract A [...]

Contract A Lost Profit Claims: A Global Analysis

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In most countries, public institutions are subject, to a larger or lesser degree, to bid protest challenges based on statutory [...]

Judicial Review Recognizes Non-Contract A RFP

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its January 2019 decision in Murray Purcha & Son Ltd. v. Barriere (District), the British Columbia Court of Appeal [...]

Court Dismisses $150 Million Claim Against NRFP

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its October 2018 decision in CG Acquisition Inc. v. P1 Consulting Inc., the Ontario Superior Court of Justice summarily [...]

Frontier Justice and the End of Contract A

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. For those still using Contact A tendering formats, the June 2018 Yukon Court of Appeal decision in Mega Reporting Inc. [...]

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 [...]

Case Dismissed After Court Finds No Contract A

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its September 2017 decision in Saskatoon Surgicentre Inc. v. Saskatoon Regional Health Authority, the Saskatchewan Court of Queen’s Bench [...]