Public procurement law two years after Tercon

Two years ago, the Supreme Court of Canada issued its eagerly awaited decision in Tercon Contractors Ltd. v. British Columbia (“Tercon”). Before the decision was issued, many wondered what impact it might have on procurement processes in Canada. Would the Court uphold the right of bidders challenging contract awards in competitive procurement processes, or would it, as it had in another case two years earlier, limit the circumstances in which such claims could succeed?

In this paper, I will review the Court’s decision in Tercon, its practical implications as well as its longer-term impact on the Canadian law of procurement.

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