DATE: 20031120

DOCKET: C39107

COURT OF APPEAL FOR ONTARIO

RE:

FULLERCON LIMITED (Applicant) (Appellant) – and – CITY OF OTTAWA and PETER KIEWIT SONS CO. LTD. (Respondents) (Respondent)

BEFORE:

WEILER, ABELLA and SIMMONS JJ.A.

COUNSEL:

Martin Z. Black

for the appellant

James M. Canapini and Daniel J. Leduc

for the respondent

HEARD & ENDORSED:

November 19, 2003

On appeal from the judgment of Justice V. Jennifer MacKinnon of the Superior Court of Justice dated September 26, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] The appellant has failed to persuade us that the motions judge made an error in determining that Kiewit’s tender contained minor irregularities that were capable of being corrected within 48 hours in accordance with Schedule A to the City of Ottawa purchasing bylaw #50.

[2] The cross‑appeal by the City of Ottawa is withdrawn.

[3] Costs to the City of Ottawa on the appeal only, fixed at $7,500 all inclusive.