Assoc. des pêcheurs propriétaires des Îles-de-la-Madeleine v. Canada
T-107-92
Joyal J.
29/1/96
15 pp.
Action to annul contract of purchase and sale entered into by Department of Public Works and mis en cause Madelimer (1989) Inc.-In 1990, defendant departments stated intention to privatize bait and ice facilities or buildings owned by federal government in Province of Quebec- Two of facilities on Magdalen Islands at Grande-Entrée and Cap-aux-Meules-Departments proceeded by way of call for tenders to ensure that "best overall proposal for Her Majesty the Queen" would be selected-Minister of Public Works in no way promised to accept highest proposal, or any proposal-After evaluation committee made its report and validation committee made its recommendations, plaintiff became owner of Cap-auxMeules facility and mis en cause owner of Grande-Entrée facility-Surplus Crown Assets Act not providing for tendering procedures-However, Minister must obtain Governor in Council's authorization and act fairly-Minister exercising discretion when awarding contracts or selling Crown property-Measures adopted by defendants simply working tools to help make final choice of best bids-Minister of Public Works reserved absolute right to reject all bids received or any of those bids-Minister's discretion not absolute-Validation committee's request that bidders provide additional information completely legitimate-Relevant criteria, sub-criteria and grids as well as bids (Exhibits D-11 and D-12) disclosing defects or inadequacies needing clarification-Role of two committees could not be criticized-Call for tenders not legal code, but administrative in nature and concerns certain policy to be followed-Must be interpreted with some flexibility-Type of time limit set out in call for tenders stipulation for benefit of bidder, and latter free to make its choice-Action dismissed-Surplus Crown Assets Act, R.S.C., 1985, c. S-27.