Ontario civil | Municipal Law | Municipal contracts | Miscellaneous
I Ltd. had extensive experience in land development and construction. City issued Request for Proposals (“RFP”) for addition to City Hall. I Ltd. submitted proposal but objected to signing on basis the Confidentiality Agreement was overly broad. I Ltd. sought opportunity to appear before City Council and address its concerns. Acting on recommendation of Process and Fairness Advisor the City, by letter, advised I Ltd. that it was disqualified from further participation in RFP process. I Ltd. brought action. Action dismissed. I Ltd.'s real concern about Confidentiality Agreement was that it would preclude I Ltd. from presenting its proposal and pricing directly to Council. This was not legitimate concern. RFP did not allow respondents to present final offers directly to Council. I Ltd. breached RFP by not signing Confidentiality Agreement. I Ltd. also breached sole point of contact provision in RFP.
Inzola Group Limited v. City of Brampton (2019), 2019 CarswellOnt 452, 2019 ONSC 7632, Sproat J. (Ont. S.C.J.).
