What is the test for a tenderer refusing to enter into a binding contract?
British Columbia, Canada
The following excerpt is from F. P. Construction Ltd. v. B. U. K. Investments Ltd., 1993 CanLII 622 (BC CA):
13 Counsel for the plaintiff relies on Ontario v. Ron Engineering and Construction (Eastern) Ltd., 1981 CanLII 17 (SCC), [1981] 1 S.C.R. 111 where a tenderer refused to enter into a binding contract after having tendered in accordance with the tender call documents and having been the successful bidder. I am of the opinion that Ontario v. Ron Engineering has no application to the facts of this case.
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