CIC Coin Toss Decision Provides Useful Precedent for Aspiring Contract Drafters

On March 7, 2013, the National Post reported that Citizenship and Immigration Canada decided “two identical bids” for a government contract by coin toss.  I was quite surprised when I read this, and have since obtained a copy of the contract which was used to create a legally enforceable coin toss.

When I was in law school friends jokingly asked me if I would create contracts for hiking agreements and calling “shotgun!”  No one ever asked me to draft a coin toss contract, but it is useful to know that there is a precedent if I am ever asked to do so.

Please note that the document below was obtained through an Access to Information and Privacy Act Request, and to my knowledge is not otherwise publicly available.  I have also obtained copies of the coin toss contracts which show the names of individuals and companies involved with the coin toss, but have decided not to publish them.  The reproduction of this document has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.


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