By Paul Emanuelli
This article is an excerpt from Government Procurement, which is available for purchase.
In its October 2017 decision in Adlair Aviation (1983) Ltd. v. Nunavut, the Nunavut Court of Justice summarily dismissed a lawsuit against the government after finding that the challenged air ambulance RFP did not create the Contract A process contract. As the court noted, the RFP clearly stated that the government was not seeking bids that would give rise to a tendering contract and was instead seeking proposals. The court also noted that the RFP terms were clear that “no equitable or legal rights accrued to a proponent until a contract was signed” and that any award would be subject to negotiations. The court ordered solicitor-client costs against the plaintiff and its lawyer.
