Alexandre Baril-Furino and Arielle Reeves-Breton review the concept of inexcusable error in an article published in La Référence

In an article published in La Référence, Alexandre Baril-Furino and Arielle Reeves-Breton address the concept of inexcusable error in contracts and public procurement. Their commentary offers valuable perspectives as they delve into a ruling addressing this concept in the context of tender calls and the requirement of good faith among contracting parties.

The case of Services Ricova inc. v. Ville de Montréal, as examined by the Superior Court, illustrates an occurrence where the Ville de Montréal awarded a contract to Services Ricova inc. for the collection and transportation of recyclable materials, despite an obvious error in the tender documents.

Alexandre and Arielle examined this ruling, highlighting the crucial importance of the obligation of good faith in contracts, as well as the implications for contracting parties, especially in the context of calls for tender where the stakes are significant. They emphasized that the decision offered additional protection to bidders and helped maintain a fair contractual balance between the parties.

In conclusion, this case illustrates the complex interplay between inexcusable error and the obligation of good faith in contracts. To read the article, available in French only, click here.