Menka Sull

Certainty and Fairness: Limitations on the Discretion to Waive a Non-Compliant Tender Bid

An issue that consistently arises in tendering disputes involves an owner’s right to forgive or waive a defect in a submitted bid. In the recent decision of Maglio Installations Ltd. v. Castlegar (City), 2018 BCCA 80, the BC Court …

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The Perils of Pre-Sale Condo Contracts

Pre-sale condo contracts are commonplace in the hot real estate market of Metro Vancouver. In the majority of cases, the condo development is completed without issue and the purchasers often reap the rewards of rising values. However, a recent application …

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Affirming an Owner’s Right to Rely on a Privilege Clause: Surespan Construction Ltd. v. Saskatchewan

In the recent decision of Surespan Construction Ltd. v. Saskatchewan, 2017 SKQB 55, the Saskatchewan Court of Queen’s Bench dismissed a summary judgment application brought by the Plaintiff, Surespan Construction Ltd., against the Saskatchewan Ministry of Highways and Transportation …

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