This article is an excerpt from Government Procurement, which is available for purchase.
In its March 2017 decision in Kaymar Rehabilitation Inc. v. Champlain Community Care Access Centre, the Ontario Superior Court of Justice rejected a lost profit claim by an unsuccessful incumbent supplier. After bidding on a therapy services RFP, the losing bidder sued the community care centre, alleging unfairness in consensus scoring and bias on the evaluation team. While the court recognized the duty to avoid conflict of interest, bias and unfair advantage, it dismissed the claim since the plaintiff was unable to prove its case. However, in a subsequent June 2017 decision, the court only awarded the successful defendant $1.7 million (CAD) of the $2.8 million (CAD) incurred in legal costs.
