Two bus transportation companies sought an interlocutory injunction preventing a student transportation consortium from closing a request for proposals (RFP) for school bus services.
The moving parties alleged the procurement process violated directives under the Broader Public Sector Accountability Act and failed to follow Ministry guidance regarding fair competitive procurement.
Applying the three‑part test in RJR MacDonald v. Canada (Attorney General), the court held that the plaintiffs established a serious issue to be tried concerning compliance with procurement directives and fairness of the RFP process.
The court further found that the potential loss of market share and collapse of small rural bus companies constituted irreparable harm and that the balance of convenience favoured maintaining the status quo pending trial.
An interlocutory injunction was granted requiring the defendant to withdraw the RFP pending determination of the underlying action or a related expedited trial.
