CROWN
Torts
Appeal from Federal Court judgment (2005 FC 890) determining owner who had conducted tendering process owed duty in tort to architect, consultants, subcontractors of bid proponent who should have received contract in issue—Cross‑appeal from Federal Court judgment Public Works and Government Services Canada (PWGSC) not liable to respondents in contract—Whether contractual relationship between PWGSC, respondents; whether PWGSC owed respondents duty of care—PWGSC liable to respondents neither in tort nor in contract—Trial Judge made palpable and overriding error in analogizing joint venture case law mentioned in Cooper v. Hobart, [2001] 3 S.C.R. 537 to present case—Proximity between PWGSC, respondents not such as to justify imposition of prima facie duty of care on PWGSC—Appeal allowed; cross‑appeal dismissed.
Design Services Ltd. v. Canada (A‑414‑05, 2006 FCA 260, Sexton J.A., judgment dated 21/7/06, 31 pp.