Municipality’s failure to consider compliant bid constituted breach of contract

Municipal Law - Municipal Liability - Practice and procedure

R Inc. submitted a tender for work to be done for municipality. Municipality disqualified tender as a consequence of omission and awarded contract for the work to the only other company that submitted tender. R Inc. sued municipality for breach of contract. Trial judge found that municipality's failure to include its name and return address was mere irregularity. Municipality appealed from the trial judgment that awarded R Inc. damages in amount of $71,063.60. Appeal dismissed. It was open to the trial judge to find that R inc. substantially complied with tender requirements and thus municipality’s failure to consider R Inc.’s bid constituted breach of contract.

Reaction Distributing Inc. v. Algonquin Highlands (Township) (2019), 2019 CarswellOnt 8105, 2019 ONCA 433, Doherty J.A., I.V.B. Nordheimer J.A., and Harvison Young J.A. (Ont. C.A.).

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