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SCC rules in Tercon - Part 2
Fundamental breach: Doctrine "laid to rest," as decision strengthens public policy considerations in procurement law
Published in
August 2010
- Page 41
In the last article, I reviewed the interpretation by the Supreme Court of Canada of the exclusion clause in the court’s recent decision in Tercon Contractors Ltd. v. British Columbia (Transportation and Highways) (Tercon). The facts are important and are briefly restated here.
In Tercon, the BC Ministry of Transportation and Highways (the Ministry) issued a request for proposals (RFP) for the construction of a highway in the north of BC The RFP included an
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