Is there a cause of action against the government for damages for undue considerations?

Northwest Territories, Canada


The following excerpt is from Socanav Inc. v. Northwest Territories (Minister of Transportation), 1993 CanLII 3412 (NWT SC):

9. The applicant has an obvious financial interest in the award of this contract. If the contract was awarded to Noreen on the basis of undue considerations, then the other parties who submitted proposals, and possibly even a subcontractor such as the applicant, may have a cause of action against the government for damages. In my opinion, there is a directness or a causal relationship, a nexus, between the applicant's grievance and the challenged action. 1 am satisfied that the applicant has shown a direct [Page 4] interest (as per the guidelines in Finlay v. Canada (Minister of Finance), 1986 CanLII 6 (SCC), [1986] 2 S.C.R. 607).

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