Why is there a trial?
The City of Brampton has been sued by Inzola Group Limited for damages pertaining to Inzola being disqualified from a tender process for construction, finance and maintenance of a City facility.
As the City rejects any liability for Inzola’s claim, the matter has been set down for trial in the Ontario Superior Court.
Why did it take so long to get to trial?
There is a process that must be followed before it is determined that a trial is required. This process takes time and included the following steps:
- Pleadings: Where the parties set out their positions in fact and law
- Discovery: Where the parties deliver documents to one another and then sit for sessions where oral questions are asked
- Pre-Trial Conference and Mediations: Where the parties attempt to see if the matter can be resolved
- Trial: Where the issues are put to a judge for determining if there is liability and if there should be damages flowing from that liability
Why is the trial taking so long?
The Trial involves a number of complex issues, review of many documents and will hear from numerous witnesses.
How much money is Brampton being sued for?
The plaintiff is suing the City of Brampton for $27.5 million in damages and $1 million in punitive damages for a total of $28.5 million in damages.
How will the City pay costs related to the trial? If the court rules the City must pay damages to Inzola, how will the City cover these costs?
The City has municipal liability insurance that will provide a defence to Inzola’s claims. The City does not have to fund any such defence costs. If damages are awarded, which is not contemplated, then the City’s insurers will be involved in such payments.
What is the Competitive Dialogue process that was used to conduct the SWQ RFP?
Competitive Dialogue is a procurement process whereby each respondent engages in discussions with the City to improve and refine their initial proposal based on information and feedback provided by the City. It is well-suited to circumstances where there are a range of possible solutions to meet the City's needs.
The process was designed by a leading procurement expert in the province with the intention that it would be a fair process and would lead to the best building outcome for the City and its citizens.
Why did the City use a Competitive Dialogue procurement process?
When Council voted to proceed with the SWQ RFP in June 2009, they directed staff to solicit responses from the private sector that harness creativity and financial resources; minimize impacts on taxpayers; and satisfy the City’s economic and functional requirements.
Competitive dialogue was used for the SWQ RFP because it enabled both the City and potential respondents to have a series of structured discussions to finalize the solution that offered the best value to the City and its taxpayers.
Why didn’t Inzola win the SWQ RFP process?
The Inzola submission was disqualified from consideration.
Why was the Inzola submission disqualified?
The Inzola submission was disqualified for failure to comply with the requirements of the RFP issued by the City. These included, in part, correspondence with, and attempts to delegate at, Brampton City Council. These actions were contrary to the rules of the RFP.
Did Brampton do anything wrong?
The City developed the RFP process based on the City's particular needs and constraints. Staff received advice from external procurement experts on the best process for the circumstances, and administered the RFP in accordance with its rules and requirements. Other proponents for the project complied with the RFP terms.
How much did the SWQ project cost the City?
Costs to build the SWQ project were paid by the company that built it – Dominus Construction. The City is leasing the building at a fixed-lease rate of $8.2 million a year for 25 years, after which the City will own the building.
Was there antipathy towards John Cutruzzola and/or the Inzola Group by Brampton staff?
The City of Brampton and its staff take procurement very seriously. Rules and requirements are followed such that the City’s Purchasing By-law and all other applicable laws are upheld and standards met. The Inzola submission was disqualified for failure to comply with the requirements of the RFP, nothing more.
Why are certain councillors testifying?
Certain City Councillors will be testifying at the trial as they have been subpoenaed by either Inzola or the City. Whoever calls them believes that they will have material information relevant to the claim or defence.
Why did Inzola attempt to delegate at Council?
This question should be directed to Inzola and/or its legal team.