The Town of Newmarket appealed a decision declaring it breached its Contract A obligations to the respondent contractor by accepting a non-compliant bid from another bidder.
The accepted bid contained a discrepancy between the stipulated price, the GST, and the total cost of the work.
The Court of Appeal upheld the application judge's finding that the price was uncertain, rendering the bid non-compliant and incapable of acceptance.
The Court distinguished previous case law where price discrepancies were mere clerical errors, finding that in this case, the intended price was unclear on the face of the bid.
The appeal was dismissed.
