The Crown appealed a Divisional Court decision quashing the Ministry of Transportation's award of a highway construction contract to the lowest bidder.
The second-lowest bidder had argued the winning bid was non-compliant because it declared no imported steel, despite design drawings specifying rolled steel beams unavailable in Canada.
The Court of Appeal allowed the appeal, finding that the Ministry's investigation and subsequent conclusion that the winning bid was compliant—based on the bidder's intention to use Canadian welded steel that met structural standards—was reasonable.
