This article is an excerpt from Government Procurement, which is available for purchase.
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 tender call for a bridge construction project. The court found that the bidder was properly rejected for failing to submit a required welding certificate, which was held to be a material omission. The court found that the government had acted appropriately in rejecting the bid. The dispute was caused by ambiguities in the description of the certification requirement, which had resulted in the rejection of a prior summary dismissal application.
