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ARTICLE · 16 APRIL 2025

Key Takeaways From The New Ruling On Calls For Tenders

Miller Thomson
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Courts regularly rule on calls for tenders. Let's take a closer look at the legal principles governing calls for tenders, more specifically in rulings on bid compliance.

CanadaReal Estate and Construction
Jérôme Coderre
Jérôme Coderre
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Courts regularly rule on calls for tenders. Let's take a closer look at the legal principles governingcalls for tenders, more specifically in rulings on bid compliance.

In the recent decision in Benoit Tremblay Entrepreneur généralinc.c. Garage Martin Gaudreault inc.,1 the Superior Court of Québec had to rule on an application for the annulment of the contract awarded to the second-lowest compliant bidder. The applicant also sought damages for lost profits.

The application is based on the contention that the lowest bidder made misleading statements. The key matter at issue was a discrepancy between the equipment set out in the bid and the equipment used to carry out the contract.

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