By Paul Emanuelli

This article is an excerpt from Government Procurement, which is available for purchase.

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 case dealt with a tender call for the construction of three community pools. The losing bidder challenged the process when a competitor was awarded the contract after failing to submit a preliminary project schedule. The court rejected the claim, finding that the submission of the project schedule was not essential to the compliance of the competing bid and that the winning bid was materially compliant.