Does the Ron Engineering Contract A/Contract B analysis apply in the employment hiring context?
British Columbia, Canada
The following excerpt is from Roback v. U.B.C., 2007 BCSC 334 (CanLII):
The plaintiff seeks to apply an Ontario decision, Ontario v. Ron Engineering and Construction (Eastern) Ltd., 1981 CanLII 17 (SCC), [1981] 1 S.C.R. 111, 119 D.L.R. (3d) 267, which sets out a tendering process contract analysis to the advertisement. There does not appear to be any reported case in which the Ron Engineering Contract A/Contract B analysis has been applied or even considered in the employment hiring context. The likely reason for this is that the unique characteristics of, and concerns underlying the tendering process, as well as the rationale underlying the Contract A/B analysis, do not arise in the employment hiring process where a job vacancy is advertised and applicants submit applications or a resume in response.
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