The applicant, Bot Construction Limited, sought judicial review of the Ministry of Transportation's decision to award a road construction contract to a competing bidder.
The applicant argued that the winning bid was non-compliant because it failed to declare imported steel, despite the project specifications requiring rolled steel beams that are unavailable in Canada.
The Divisional Court found that the Ministry's decision that the bid was compliant was unreasonable, as the bid could not meet the mandatory specifications using only Canadian steel.
The Court held that the Ministry breached its duty of fairness by privately accepting the winning bidder's proposal to substitute welded steel without notifying other bidders, and quashed the contract award.
