Can a committee of three members of a municipal council attend at a location where the contract is to be performed to a public competition?
Ontario, Canada
The following excerpt is from St. Elizabeth Home Society v. Hamilton (City), 2005 CanLII 46411 (ON SC):
Similarly, in Biggar v. Crowland (1906), 13 O.L.R. 164 (H.C.J.), a municipal council appointed a committee of three of its members to attend at a location where the work for a construction contract was to be performed in order to let the contract on location by public competition. The court found that the councillors’ act of placing a stake (the obstacle which caused the plaintiff’s injuries) in the ground was necessary for the councillors to let the contract in question. The three were thus found to be acting as agents of the corporation, and the municipal corporation was liable for their negligence.
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