February 26th, 2018

Superior Court Directs Procurement Case Against Government Of Ontario And School Boards To Trial

In a decision released on February 15, 2018, the Superior Court of Justice dismissed motions by the provincial government and its school boards seeking to halt a provincial test case over the legality and fairness of government-directed procurement practices in the student transportation industry.  The Court held that the case is of “public importance” and that “the claims advanced in the present action are clearly not moot [and] are broadly applicable and relevant to future RFPs”.  The Court’s reasons can be found here Decision.

This is the eighth substantive decision that the Superior Court has made in favour of small rural operators across the province who are challenging the manner in which the government has directed the use of RFPs in the procurement of student transportation services.  The plaintiffs in this case are represented by Jonathan Lisus, Daniel Schwartz, and Matthew Law.