Friday, December 11, 2009

Is judicial review a proper mechanism for considering problems in the tendering process for government procurement contracts? Maybe

At the Divisional Court judicial review of a tender process for a government procurement contract was allowed in Bot Construction Limited v. Ontario (Transportation), 2009 ONCA 879.

The Court of Appeal overturned that decision but was careful not to opine on the use of judicial review.

The court says:

[19]          We emphasize that we come to this conclusion without expressing any view as to the availability of judicial review as a remedy with respect to the tendering process for government procurement contracts.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

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