The appellant appealed a summary judgment dismissing its action against the respondent for an allegedly unfair tender process relating to a commercial lease.
The motion judge had found that all four bids in the first tender process were non-compliant and that the respondent was justified in ordering a second round, which the appellant chose not to participate in.
The Court of Appeal upheld the summary judgment, applying the palpable and overriding error standard to the motion judge's fact-finding under Rule 20, and found no error in the fairness and good faith analysis.
