Yukon (Department of Highways and Public Works) v. P.S. Sidhu Trucking

Yukon (Department of Highways and Public Works) v. P.S. Sidhu Trucking

The appeal is dismissed as moot; the Court will not exercise its discretion to decide whether the appellant's bid was timely because the contract was awarded and deciding the issue would amount to an advisory opinion and risk judicial embarrassment by exposing the respondent to damages for following a court-provided opinion. The trial judge’s factual finding that the bid, after being returned, opened and altered, was non-compliant under the Instructions to Bidders (thus not filed before the 4:00 p.m. deadline) provides the operative basis for subsequent actions, but this Court declines to rule on the timeliness issue due to mootness and collateral consequences.

Citation
2015 YKCA 5
Parties
Respondent (petitioner): Government of Yukon (Department of Highways and Public Works); Appellant (respondent): P.S. Sidhu Trucking Ltd.; Respondent (respondent): CMF Construction Ltd.
Court
Yukon Court of Appeal
Jurisdiction
Canada
Judgment Date
6 February 2015
Procedural Posture
Appeal From Supreme Court of Yukon / Court of Appeal Judgment on Mootness and Declaratory Relief
Outcome
Appeal dismissed as moot.
Legal Topics
Tendering and Contract a, Timeliness of Bids, Declaratory Relief, Mootness, Judicial Embarrassment, Negligent Misrepresentation
Source Language
English
Contract Law Administrative Law Civil Procedure Tort Law Tendering and Contract a Timeliness of Bids Declaratory Relief Mootness +2 more

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Parties

Government of Yukon (Department of Highways and Public Works)

Respondent (petitioner)

P.S. Sidhu Trucking Ltd.

Appellant (respondent)

CMF Construction Ltd.

Respondent (respondent)

Procedural Posture

Appeal From Supreme Court of Yukon / Court of Appeal Judgment on Mootness and Declaratory Relief

Legal Issues

  1. 1 Whether the appellant's bid was submitted on time for the tender
  2. 2 Whether the appellant's withdrawal and alteration of a sealed bid invalidated Contract A
  3. 3 Whether the trial court erred in interpreting the tender closing time

Ratio Decidendi

The appeal is dismissed as moot; the Court will not exercise its discretion to decide whether the appellant's bid was timely because the contract was awarded and deciding the issue would amount to an advisory opinion and risk judicial embarrassment by exposing the respondent to damages for following a court-provided opinion. The trial judge’s factual finding that the bid, after being returned, opened and altered, was non-compliant under the Instructions to Bidders (thus not filed before the 4:00 p.m. deadline) provides the operative basis for subsequent actions, but this Court declines to rule on the timeliness issue due to mootness and collateral consequences.

Court Disposition

Appeal dismissed as moot.

Orders

  • Appeal dismissed as moot.
  • No determination on the timeliness of the appellant's bid by this Court due to mootness and risk of judicial embarrassment.