Allan McKitrick

The defendant municipality brought a motion for summary judgment dismissing a contractor’s claim arising from a tender competition for construction of a medical centre.

The contractor alleged that the municipality breached Contract A by failing to award the project to it after applying an alternate price credit related to winter suspension of construction.

The court found that construction did not begin in fall 2013 and was never suspended during the winter as alleged in the pleadings, rendering the alternate credit inapplicable.

The municipality was entitled to evaluate bids based on base bid prices and was not required to adjust bids using alternate credits that were irrelevant to the project as ultimately undertaken.

Summary judgment was granted and the action dismissed.

The municipality brought a motion seeking dismissal of a counterclaim for delay arising from alleged flooding and property damage related to road drainage work.

The counterclaiming party had failed to comply with a status hearing timetable requiring agreement on a discovery plan and delivery of an affidavit of documents.

Applying Rule 48.14 of the Rules of Civil Procedure, the court held it had jurisdiction to dismiss the counterclaim on motion for non‑compliance with a timetable arising from a status hearing.

The counterclaiming party failed to provide a reasonable explanation for the prolonged delay and did not establish that the moving party would suffer no non‑compensable prejudice.

The court dismissed the counterclaim for delay.