This article is an excerpt from Government Procurement, which is available for purchase.
In its August 2016 decision in TDC Broadband Inc. v. Nova Scotia, the Nova Scotia Supreme Court awarded a supplier $125,000 in damages due to the government’s inappropriate use of the supplier’s confidential business information. The plaintiff was a small technology company that had developed, with the assistance of a small government subsidy, a system to provide wireless internet access to remote unserviced areas of Nova Scotia. The court found that the government misused confidential information about that system in the subsequent preparation of an RFP for the provision of similar services and breached its duty of confidence by providing that information to the supplier’s competitors in the RFP process.
