Crosslinx Transit Solutions General Partnership v. Ontario (Economic Development, Employment and Infrastructure)
The appeal was allowed because the application judge committed a palpable and overriding error by finding that an internal March 25, 2020 email—which was not sent to Project Co—constituted the required notification under s.62.1(c) of the Project Agreement; the application judge's factual basis for triggering s.62.1(c) was reversed and the matter remitted for rehearing to resolve outstanding issues including good faith and Crown indivisibility.
Source excerpt
- Contract interpretation
- Emergency clause (s.62.1(c))
- Variation procedure (schedule 22)
- Notice requirements (s.61.1)
- Good faith in exercise of contractual discretion
- Crown indivisibility doctrine