Andrew Gibbs

The parties brought cross-motions arising from examinations for discovery in an action concerning a cancelled procurement process for visa application centres.

The defendant sought further financial documents from the plaintiff, which the court dismissed, finding the plaintiff had already produced all existing relevant documents.

The plaintiff sought answers to several refused questions.

The court ordered the defendant to disclose the name of its forensic accountant or undertake not to call them at trial, produce communications with third parties as common interest privilege did not apply, answer whether it could cancel the procurement at will, and produce a 2005 contract.

The court upheld the defendant's refusal to disclose the contract's Approval Value due to Cabinet confidence privilege.

The federal Crown brought a motion to strike an action for breach of contract and negligent misrepresentation relating to a construction contract for the replacement of a dam in Quebec.

The court held that the contractual claim arose in Quebec because the project, contract administration, and relevant decisions occurred there.

Although the alleged negligent misrepresentation claim was connected to Ontario because tender documents were obtained and relied upon in Ontario, the contract constituted a complete code governing compensation for extra costs and delays.

Interpreting the contract, the court concluded that the parties had excluded concurrent liability in tort.

As a result, the negligent misrepresentation claim was struck and the remaining contractual claim, which arose in Quebec, could not be heard in Ontario under the Crown Liability and Proceedings Act.