This article is an excerpt from Government Procurement, which is available for purchase.
In its December 2015 decision in M.G. Logging and Sons Ltd. v. British Columbia, the British Columbia Court of Appeal dismissed a losing bidder’s lost profit claim after finding that the bidder submitted a non-compliant bid with missing information in response to a timber licence tender call. The Court of Appeal noted that a non-compliant bid is incapable of acceptance and that a non-compliant bidder has no basis to claim lost profits when its bid is rejected. Since the non-compliant bidder’s claim could not succeed, the Court of Appeal agreed with the lower court’s decision to summarily rejected the claim.
