Case information
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31194
CGU Insurance Company of Canada, et al. v. Toronto Transit Commission
(Ontario) (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) |
|---|---|---|
| 2006-05-04 | Close file on Leave | |
| 2006-04-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-04-28 | Judgment on leave sent to the parties | |
| 2006-04-27 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C41246, dated September 7, 2005, is dismissed with costs. Dismissed, with costs |
|
| 2006-03-13 | All materials on application for leave submitted to the Judges, CJ Cha Ro | |
| 2006-02-15 | Correspondence received from, C.Christie (with service of amended addemdum by fax - original rec'd. Feb. 17/06) | CGU Insurance Company of Canada |
| 2005-12-12 | Applicant's reply to respondent's argument, Completed on: 2005-12-12 | CGU Insurance Company of Canada |
| 2005-12-05 | Book of authorities, (Respondent's brief of authorities) | Toronto Transit Commission |
| 2005-12-05 | Respondent's response on the application for leave to appeal, Completed on: 2005-12-05 | Toronto Transit Commission |
| 2005-11-09 | Book of authorities | CGU Insurance Company of Canada |
| 2005-11-07 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2005-11-04 | Application for leave to appeal, (C/A Order and Addendum to Reasons - rec'd Jan. 19/06) (signed C/A Reasons - rec'd. Nov. 9/05)(Amended addendum to Reasons rec'd. Feb. 14/06), Completed on: 2006-01-19 | CGU Insurance Company of Canada |
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 |
|---|---|---|
| CGU Insurance Company of Canada | Applicant | Active |
| Gottardo Construction Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Toronto Transit Commission | Respondent | Active |
Counsel
Party: CGU Insurance Company of Canada
Counsel
Benjamin T. Glustein
Scotia Plaza
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6196
FAX: (416) 361-2728
Agent
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com
Party: Gottardo Construction Limited
Counsel
200 Adelaide Street West
Suite 500
Toronto, Ontario
M5H 1W7
Telephone: (416) 408-2177
FAX: (416) 408-1718
Agent
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com
Party: Toronto Transit Commission
Counsel
Roger J. Gillott
First Canadian Place
100 King Street West, Suite 6100
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6844
FAX: (416) 862-6666
Email: hkirsh@osler.com
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Summary
Keywords
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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 - Tenders - Acceptance of bid and formation of contract - How do the concepts of unilateral contract, intention to contract, the inability of an owner to accept a non-compliant bid, and the implied contractual duty to treat all bidders fairly and equally, interact to govern the tendering process - How does the law of mistake apply to the tendering process, and should an owner who knows of a mistake in a tender before it is accepted be entitled to accept the tender?
Gottardo Construction Limited responded to tender documents issued by the Toronto Transit Commission calling for bids to construct a bus garage. The tender instructions required bidders to submit some documents with the tender and other documents within two business days of a written request. Gottardo submitted a bid of $4.811 million, which was the lowest bid.. Afterwards, Gottardo advised the Toronto Transit Commission of a $557,000 error in its bid. Later that day, Gottardo did not submit the additional documents required under the tender when they were requested by the Toronto Transit Commission. Gottardo sent an affidavit confirming the mistake to the Toronto Transit Commission. The Toronto Transit Commission asked Gottardo for a cost breakdown summary as required by the tender and Gottardo forwarded a summary which explained the error. The Toronto Transit Commission accepted Gottardo's tender and Gottardo refused to execute the contract. The Toronto Transit Commission awarded the contract to the next lowest bidder and sought damages from Gottardo for the difference of $434,000. Gottardo counter-claimed for the return of its bid deposit.
Lower court rulings
Ontario Superior Court of Justice
01-CV-209358
Respondent's action for breach of contract dismissed; Applicants action for return of bid bond allowed
Court of Appeal for Ontario
C41246
Appeal allowed; cross-appeal on costs dismissed
Filed documents
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 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 613-996-8666 or at 1-844-365-9662.
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
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 613-996-8666 or at 1-844-365-9662.
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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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available