The applicant sought judicial review of the respondent City's decision to award a water meter supply and installation contract to a competing bidder.
The applicant argued the City breached procedural fairness by using undisclosed evaluation criteria, specifically a technical ratio and a 5-year evaluation period.
The Divisional Court dismissed the application, finding the Request for Proposals granted the City broad discretion and explicitly stated selection would be based on merit and price ratio.
The court also excluded the applicant's proffered expert evidence on procurement fairness, finding it unnecessary to assist the court.
