The plaintiffs, seven private school bus operators, brought a motion to amend their statement of claim and add the Ministry of Education as a party defendant in their action against a student transportation consortium regarding the use of Requests for Proposals (RFPs) for procurement.
The plaintiffs also sought an order declaring the Ministry's funding of the consortium's legal costs ultra vires and an interim costs funding order for their own legal fees.
The court granted leave to amend the pleadings and add the Ministry as a defendant, finding no non-compensable prejudice and that the Ministry was a necessary party given its role in directing the RFP process.
The court adjourned the issue of the consortium's funding to the trial judge, noting it required judicial review.
The court dismissed the plaintiffs' request for interim costs funding, finding they had not established impecuniosity.
