This article is an excerpt from Government Procurement, which is available for purchase.
In its April 2016 decision in True Construction Ltd. v. Kamloops (City), the British Columbia Court of Appeal upheld a lower court’s summary dismissal of a claim by a non-compliant bidder in a dispute over a fire hall construction tender. The low bidder was rejected for failing to submit all of the required forms by the bid deadline. It sued for lost profits. The municipality brought an application for summary dismissal, arguing that the plaintiff’s bid was non-compliant and incapable of acceptance and that there was no need for the matter to proceed to trial. The trial court agreed. The bidder appealed but its appeal was dismissed after the Court of Appeal agreed with the lower court ruling.
