Supreme Court

Decision Information

Martselos Services Limited v Arctic College

Court Supreme Court
Date 1992-05-08
File numbers CV 02423
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
Ron Engineering & Construction (Eastern) Ltd. v. Ontario, [ 1981 ] 1 SCR 111
Gateway Realty Ltd. v. Anton Holdings Ltd. (1991) N.S.J. No. 362
Best Cleaners and Contractors of Canad, [1985] 2 F.C. 293 (C.A.)

Statutes considered:
Financial Administration Act Regulations, N.W.T. Reg. 008-85
Financial Administration Act, R.S.N.W.T, 1988, c. F-4
Decision information:

Abstract: Defendant advertised for janitorial services by tender. The Plaintiff alleged that there was unfairness in the tendering process. The contract was awarded to an employee of the Defendant was a director of the competition. As a public body operating with public funds, the defendant was required to conduct its operations in a manner worthy of the high trust placed in it by the public. The duty requires the tendering process to be above all suspicion of any unfair advantage according to the employees of the defendant.
Decision: Action allowed. Judgment for the Plaintiff.
Appeal: Notice to appeal filed May 26, 1994 (CA 00357). Heard Jan. 19, 1993 before Justices Tallis, Hetherington, and Vertes. Allowed
Subjects: Contract
Keywords: Tender - conflict of interest
Breach of contract
Damages - quantum

Decision Content

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