What steps have been taken prior to trial to give effect to the provisions of the Procurement and Sale Act?
Ontario, Canada
The following excerpt is from DC Foods (2001) Inc. v. Planway Poultry Inc., 2004 CanLII 6240 (ON SC):
Insofar as I have been made aware, unfortunately there does not appear to have been any steps taken prior to trial to give effect to the provisions of this Act. It appears to have been raised at trial for the first time. It is unfortunate that the plaintiff did not seek leave under the Act as a preliminary matter, as was done in Bazinet v. Kinross [1999] O.J No. 638, or that the defendant did not raise the issue as a preliminary matter. In the circumstances, I think it appropriate to simply declare that the plaintiff is not capable of maintaining this action in respect of the two aforementioned invoices.
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