Comment 33960

By Tammany (anonymous) | Posted September 21, 2009 at 14:57:47

Ok, the liability relates to the first RFP process. Still, could it not be argued that the RFP process was not complete until staff's recommendations were approved by council?

If council had approved the proposal, and then backtracked and decided to reconsider the Connaught proposal in particular, then fine, I can see how the city would be liable. But staff didn't have executive decision making power here. They just offered their advice to council and council was not bound to take it. I don't see how any liability can attach to a decision by council not to follow the advice of staff.

In effect, what the City Solicitor seems to be saying is that anyone who makes a proposal to the city automatically gets a chose in action simply by virtue of having made the proposal. That just doesn't make sense.

Even if there were a basis for a claim by the consortium, wouldn't they have to prove in court that the city was bound to accept their proposal because it was the best bid? That's something which they would be very hard pressed to do.

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