Progress made in lawsuit against GN

Three Inuit-owned companies fighting the Government of Nunavut in court over fuel-distribution contracts they say were improperly awarded, scored a partial victory in their battle to see the details of the winning proposal.

Savik Enterprises Ltd., J.R. Peyton Enterprises and Enokseot Holdings Ltd. launched a lawsuit against the GN in 2001, saying the department of public works and services contravened the Nunavut land claims agreement by awarding four fuel contracts, for Igloolik, Hall Beach, Pangnirtung and Arctic Bay, to Arctic Co-operatives Ltd. (ACL) that year.

Last month, Justice Robert Kilpatrick laid out his decision on preliminary arguments over what evidence would be permitted. According to court documents, the companies’ lawyer wanted full access to ACL’s winning proposal in order to judge whether the government followed its contracting rules.

ACL’s lawyer, acting as an intervenor in the case, countered that the proposal should be kept secret because releasing it would give competitors sensitive business information.

In his decision, Kilpatrick ordered the government’s lawyer to hand in sealed copies of the proposal, which he will edit to protect the companies’ privacy and business interests. The edited copies will be given to the companies’ lawyer.

The companies have not released how much they are seeking in damages for the alleged loss.