Where a body of evidence suggests deficiencies beyond a petitioner’s proposal in a procurement process for contracts, the Canadian International Trade Tribunal (“Tribunal”) ought to have considered whether the evaluators’ procedures, in the procurement process, might have affected the integrity and efficiency of the procurement system more broadly than just the petitioner’s proposal. Additionally, the Tribunal ought to have considered the range of remedies, other than the remedy of compensation, sought by the petitioner.

28. September 2010 0
Administrative law – Decisions of administrative tribunals – International Trade Tribunal – Government contracts – Bidding and tendering – Procurements – Approval process – Remedies – Judicial review – Standard of review – Reasonableness simpliciter Almon Equipment Ltd. v. Canada (Attorney General), [2010] F.C.J. No. 948, 2010 FCA 193, Federal Court of Appeal, July 20, ...

The appellant, Her Majesty the Queen in Right of Ontario (The Ministry of Transportation) successsfully appealed the decision of the Divisional Court to quash the Ministry of Transportation’s decision to award a major highway construction project to Thomas Cavanagh Construction Ltd (“Cavanagh”)

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Government contracts – Bidding and tendering – Judicial review – Procedural requirements and fairness Bot Construction Ltd. v. Ontario (Ministry of Transportation), [2009] O.J. No. 5309, 2009 ONCA 879, Ontario Court of Appeal, December 11, 2009, J.C. MacPherson, R.J. Sharpe, and E.A. Cronk JJ.A. The Ministry of ...