The appellant contractor submitted an irrevocable tender for a construction project but subsequently discovered a mathematical error in its calculation.
Prior to the respondent accepting the tender, the appellant advised the respondent of the error and sought to refuse performance.
The Supreme Court of Canada held that the case was governed by its previous decision in Ron Engineering, finding that the respondent could validly accept the irrevocable tender to form a binding contract despite being aware of the mistake.
The appeal was dismissed.
