This article is an excerpt from Government Procurement, which is available for purchase.
In its June 2016 decision in Graillen Holdings Inc. v. Orangeville (Town), the Ontario Superior Court of Justice dismissed a construction tendering claim against a municipality that awarded to a non-compliant bidder after concluding that the municipality would not have awarded to the competing plaintiff bidder in any event. The court held that the plaintiff bidder had failed to prove that the infraction had cost it the contract award, finding instead that it was more likely that the municipality would have cancelled and retendered the construction project with clearer tender compliance requirements had it discovered the irregularity before awarding the contract to the non-compliant low bidder.
