Richcraft Construction Ltd. v. National Capital Commission
T-2424-98
Dubé J.
16/12/99
8 pp.
Injunction-Plaintiff seeking leave to amend statement of claim, but especially injunction restraining NCC from offering 2 parcels of land for tender in Ottawa for which tenders already scheduled to open shortly-NCC offered 4 parcels of land for sale by way of public tender-NCC rejected offers (plaintiff second highest bidder) on basis prices offered too low and invited tenders on 2 of parcels-Motion dismissed-No serious issue to be tried as NCC clearly had discretion to make decision and, in any event, Richcraft did not submit best bid-No irreparable harm as land (and parcels herein) not considered "unique" or irreplaceable: Semelhago v. Paramadevan, [1996] 2 S.C.R. 415, at p. 428-In view of above, not necessary to deal with balance of convenience-However, if injunctive relief granted, NCC's reputation would be tarnished-If NCC cannot complete current invitation for tenders on 2 parcels of land in question, NCC would be unfairly restrained-NCC has mandate to look after affairs of National Capital and must be allowed to conduct its business in public interest.