This article is an excerpt from Government Procurement, which is available for purchase.
In its July 2016 decision in Elan Construction Ltd. v. South Fish Creek Recreational Assn., the Alberta Court of Appeal reversed a trial decision and found the defendants liable for running an unfair bid evaluation process on a $20 million community centre expansion project. The trial court ruled against awarding the plaintiff lost profit damages after finding that the winning contractor had actually lost money on the contract award. However, the Court of Appeal found that it was erroneous speculation on the part of the trial court to assume that the plaintiff bidder would have also lost money on the project and awarded the plaintiff $575,000 in lost profits.
