Law360 Canada ( March 27, 2018, 8:42 AM EDT) -- Appeal by the City of Castlegar from a judgment made in the plaintiff’s favour in a breach of contract action. The dispute concerned the City’s invitation to tender bids for a construction project. The tender documents required the successful bidder to submit a preliminary construction schedule (PCS), which the successful bidder did not do. The plaintiff’s bid had been fully compliant. The judge found that the City breached a contract with the plaintiff in accepting the materially non-compliant bid. At issue on appeal was whether the judge erred in finding the absence of a PCS to be material. The City submitted that a PCS was not material due to the project’s timing being uncertain on the tender closing date and that the PCS’s function was not as important as other commitments bidders made in the tender documents....