This article is an excerpt from Government Procurement, which is available for purchase.
In its September 2017 decision in Grascan Construction Ltd. v. Metrolinx, the Ontario Divisional Court rejected a judicial review challenge brought against a prequalification process by a rejected contractor. The case dealt with a $125 million (CAD) express rail project. The contractor was disqualified for failing to provide the required audit letter confirming that its company had appropriate conflict of interest and ethical bidding practices in place. The contractor argued that it was provided insufficient time to meet the requirements and that the new audit rules favoured larger contractors. The court disagreed and rejected the challenge.
