Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
30915
Double N Earthmovers Ltd. v. City of Edmonton, et al.
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2008-03-06 | Appeal closed | |
| 2008-03-05 | Certificate of taxation issued to, Jeffrey W. Beedell | |
| 2008-03-05 | Decision on the bill of costs, in the amount of $6,013.01, Reg | |
| 2008-03-03 | Submission of the bill of costs, Reg | |
| 2007-09-04 | Bill of costs, Completed on: 2007-09-04 | City of Edmonton |
| 2007-01-26 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-01-26 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-01-25 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 9803-0167-AC, 2005 ABCA 104, dated March 9, 2005, heard on June 16, 2006, is dismissed with costs to the City of Edmonton only, McLachlin C.J. and Bastarache, Binnie and Charron JJ. dissenting. Dismissed, with costs |
|
| 2006-07-21 | Transcript received, (72 pages) | |
| 2006-06-16 | Judgment reserved OR rendered with reasons to follow | |
| 2006-06-16 | Supplemental document, Judgment from BCCA (14 copies) | Sureway Construction of Alberta Ltd. |
| 2006-06-16 | Respondent's condensed book, Submitted in Court (14 copies) | Sureway Construction of Alberta Ltd. |
| 2006-06-16 | Respondent's condensed book, Submitted in Court (14 copies) | City of Edmonton |
| 2006-06-16 | Appellant's condensed book, Submitted in Court (14 copies) | Double N Earthmovers Ltd. |
| 2006-06-16 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2006-06-16 |
Hearing of the appeal, 2006-06-16, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-06-01 | Notice of appearance, Darrell Lopushinsky and David Woo will be present at the hearing. | City of Edmonton |
| 2006-06-01 | Notice of appearance, Shauna Miller, Q.C. and Peter Banks will be present at the hearing. | Sureway Construction of Alberta Ltd. |
| 2006-05-31 | Notice of appearance, Brian crane and I. Samuel Kravinchuk will be present at the hearing. | Double N Earthmovers Ltd. |
| 2006-05-30 | Correspondence received from, Shauna Miller dated May 30/06 re: correction at para. 70 of her factum (sent to the Court on June 1/06) | Sureway Construction of Alberta Ltd. |
| 2006-05-05 | Respondent's book of authorities, Completed on: 2006-05-05 | City of Edmonton |
| 2006-05-05 | Respondent's factum, Completed on: 2006-05-05 | City of Edmonton |
| 2006-05-05 | Appeal perfected for hearing | |
| 2006-05-03 | Respondent's book of authorities, Completed on: 2006-05-03 | Sureway Construction of Alberta Ltd. |
| 2006-05-03 | Respondent's factum, Completed on: 2006-05-03 | Sureway Construction of Alberta Ltd. |
| 2006-03-23 | Correspondence received from, Lang Michener re: City of Edmonton will not file any records | City of Edmonton |
| 2006-03-22 | Respondent's record, Completed on: 2006-03-22 | Sureway Construction of Alberta Ltd. |
| 2006-03-13 | Notice of hearing sent to parties | |
| 2006-03-13 |
Appeal hearing scheduled, 2006-06-16 Judgment reserved |
|
| 2006-03-10 | Appellant's book of authorities, Completed on: 2006-03-10 | Double N Earthmovers Ltd. |
| 2006-03-10 | Appellant's factum, (CD rec'd Mar. 17/06), Completed on: 2006-03-20 | Double N Earthmovers Ltd. |
| 2006-02-13 | Correspondence (sent by the Court) to, Mr. Peter D. Banks, Re permission granted to appear as second counsel | |
| 2006-02-08 | Correspondence received from, Fraser Milner Casgrain re : former Law Clerk request permission to appear in Court - c.c. to all parties | Sureway Construction of Alberta Ltd. |
| 2006-01-26 | Appellant's record, (Vol. I to IX) (Certificate of counsel not signed - signed on Feb. 3/06), Completed on: 2006-02-03 | Double N Earthmovers Ltd. |
| 2005-12-19 | Notice of deposit for security, ($10.00 #3285) | Double N Earthmovers Ltd. |
| 2005-12-16 | Notice of appeal, (notice of security missing - rec'd Dec. 19/05), Completed on: 2005-12-19 | Double N Earthmovers Ltd. |
| 2005-11-22 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-11-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-11-18 | Judgment on leave sent to the parties | |
| 2005-11-17 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time to file and serve the application for leave to appeal is granted and the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 9803-0167-AC, 2005 ABCA 104, dated March 9, 2005, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2005-11-17 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2005-10-24 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-10-24 | Submission of motion to extend time to file and/ or serve the leave application, Ma F Abe | |
| 2005-09-21 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from Corey A. Villeneuve dated Sept. 21/05, Completed on: 2005-09-21 | Sureway Construction of Alberta Ltd. |
| 2005-09-21 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from Jeffrey Beedell dated Sept. 21/05, Completed on: 2005-09-21 | City of Edmonton |
| 2005-09-20 | Motion to extend the time to file and or serve the application for leave to appeal, re rule 64, Completed on: 2005-09-21 | Double N Earthmovers Ltd. |
| 2005-09-07 | Letter and notice pursuant to Rule 64 sent to, all parties | |
| 2005-08-23 | Correspondence received from, S. Kravinchuk dated August 23, 2005 (fax copy) re: formal order will be filed shortly (in the Registrar's hand of C.A.) | Double N Earthmovers Ltd. |
| 2005-07-11 | Correspondence received from, S. Kravinchuk dated July 11, 2005 (fax copy) re: formal order | Double N Earthmovers Ltd. |
| 2005-06-10 | Applicant's reply to respondent's argument, Completed on: 2005-06-10 | Double N Earthmovers Ltd. |
| 2005-06-02 | Respondent's response on the application for leave to appeal, Completed on: 2005-06-02 | City of Edmonton |
| 2005-06-02 | Book of authorities | Sureway Construction of Alberta Ltd. |
| 2005-06-02 | Respondent's response on the application for leave to appeal, Completed on: 2005-06-02 | Sureway Construction of Alberta Ltd. |
| 2005-05-05 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2005-05-04 | Book of authorities | Double N Earthmovers Ltd. |
| 2005-05-04 | Application for leave to appeal, (Cour of Appeal Order requested - recvd Sept 30/05), Completed on: 2005-09-30 | Double N Earthmovers Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Double N Earthmovers Ltd. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Edmonton | Respondent | Active |
| Sureway Construction of Alberta Ltd. | Respondent | Active |
Counsel
Party: Double N Earthmovers Ltd.
Counsel
Edmonton, Alberta
T5J 2W4
Telephone: (780) 426-4884
FAX: (780) 425-9358
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: City of Edmonton
Counsel
David Woo
9th Floor, Chancery Hall
3 Sir Winston Churchill Square
Edmonton, Alberta
T5J 2C3
Telephone: (780) 496-7209
FAX: (780) 496-7267
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Sureway Construction of Alberta Ltd.
Counsel
Peter D. Banks
Suite 2900, 10180-101 Street
Edmonton, Alberta
T5J 3V5
Telephone: (780) 423-7338
FAX: (780) 423-7276
Agent
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Commercial law - Contracts - Tendering - Does the law permit a person calling for tenders to terminate his contractual obligations to other bidders simply by awarding the contract of work to one of the bidders - Do negotiations with 2 bidders amount to bid shopping - Does the law permit a person calling for tenders to have an absolute and unfettered discretion in evaluating tenders - Did the trial judge err in his assessment of the damages.
The Respondent City called for tenders to supply machines to move refuse. The contract was awarded to the lowest and apparently compliant bidder, the Respondent Sureway, despite reports by the Appellant to the City that Sureway’s machines did not comply with the tender requirement that all machines be 1980 or newer. After the contract was awarded, City officials discovered that Sureway’s machines were older than 1980. They tried to compel Sureway to comply, but eventually waived the requirement. The Appellant sued for breach of contract, claiming that the City should not have awarded the contract to Sureway without checking compliance with the specifications, and should have ended the contract when it discovered the non-compliance. As the only other compliant bidder, the Appellant sued for damages for lost opportunity equal to the profit it would have made.
The Court of Queen’s Bench of Alberta dismissed Double’s action. The Court of Appeal of Alberta dismissed Double’s appeal and the Respondents’ cross-appeals on whether Double’s bid was unqualified, whether it would likely have been awarded the contract, and on the calculation of damages.
Lower court rulings
Court of Queen’s Bench of Alberta
8603-30796
Appellant's action in breach of contract and in damages for lost opportunity dismissed
Court of Appeal of Alberta (Edmonton)
9803-0167-AC, 2005 ABCA 104
Appeal and cross-appeals dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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