SCC decision: January 25, 2007

Double N Earthmovers Ltd. v. City of Edmonton and Sureway Construction of Alberta Ltd., 2007 SCC 3
Click here to link to the full judgment.
(Material terms / duty to investigate bid / obligation to treat bidders fairly)
Tendering process:  The winning bidder provided equipment made in 1979, rather than 1980 as specified in the Conditions of Tender.  The Court held that the city was free to accept this bid over another which had complied with the date specification.  The turning point between majority and dissent was whether the term was a material term of the tender.
Majority/Dissent: 5/4