Riaz S. Ahmed

The defendant, an unsuccessful bidder for a transit advertising contract, brought a motion for leave to amend its counterclaim, for further documentary discovery from the plaintiff, and for document production and examination of the non-party successful bidder.

The court applied tendering law principles, distinguishing between Contract A (the bidding process) and Contract B (the awarded contract), holding that post-award conduct was irrelevant to the alleged breach of fairness in the bidding process.

The court permitted a limited examination of the non-party regarding pre-award events and ordered the plaintiff to produce specific pre-award documents, but denied broad document production, forensic audits, and amendments relating to post-award conduct.

The applicant trucking company sought a declaration that the respondent towing company was not entitled to a lien on its tractor under the Repair and Storage Liens Act.

The tractor was damaged in a collision while being towed by the respondent and was subsequently stored at the respondent's yard.

The court found the respondent was not entitled to a repairer's lien as no repairs were performed, nor a storer's lien as there was no agreed amount or evidence of fair value for storage.

The court ordered the respondent to release the tractor and directed a trial on the issue of unpaid towing and storage fees.