May 05, 2006
Treating Bidders Fairly
The case of Southside Construction (London) Limited v. 734133 Ontario Limited, 45 C.L.R. (3d) 237 (Ont. Super. Ct. 2005), involved an owner who put a job out for bid but failed to specify a preference for local, unionized contractors. The Ontario Superior Court held that the owner violated its obligation to treat all bidders fairly when it chose a higher bidder on the ground that it was local and union, even though the owner had included a clause specifically reserving the right to make award to other than the lowest bidder. Kenneth Crofoot of Toronto’s Goodmans LLP has a brief rundown of the decision here.
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