Judge sides with City of Brampton in long-running lawsuit launched by developer

TheStar.com
Jan 15, 2019
Graeme Frisque

A $28.5-million lawsuit against the City of Brampton launched by a local developer in 2011 has finally come to an end.

On Friday (Jan. 11), Ontario Superior Court Justice John R. Sproat issued his decision in favour of the city, dismissing the suit brought by Inzola Group Limited and its owner, John Cutruzzola.

The lawsuit against City of Brampton involved a project to expand city hall.

In the suit, Inzola alleged city staff and former mayor Susan Fennell were biased against Cutruzzola and his firm during the 2009 City Hall West Tower contract tendering process, which was part of the larger and since-cancelled Southwest Quadrant downtown renewal project.

Inzola was disqualified from bidding on the project after the city claimed it violated the request for proposal (RFP) rules. The project was ultimately awarded to Dominus Construction.

In his 92-page decision, Sproat did not find any bias on the part of Fennell, former CAO Deborah Dubenofsky or members of the steering committee made up of senior staff.

He also didn’t agree with Inzola’s claims that it would have had the best chance at winning the contract had it been allowed to complete the bidding process.

“I believe that Inzola was fighting an uphill battle to become the Preferred Respondent. Its chances were, therefore, not one in three. My finding is that Inzola had a 20% chance of becoming the Preferred Respondent,” the judge wrote.

Several former members of council and former senior city employees testified at the two-month trial, held in Orangeville last summer.

“The City of Brampton is pleased with Justice Sproat’s decision, ruling in favour of the City in the procurement process for the construction of the Southwest Quadrant. Justice Sproat found the City not to be liable and dismissed the action against the City,” it said in a release.

“The City’s procurement process and the conduct of the RFP were upheld and found to have been undertaken fairly and in good faith,” it added.
Inzola told the Brampton Guardian its legal team is reviewing the decision and the company has no comment at this time.