Date: 20081127
Docket: A-223-08
Citation: 2008 FCA
379
CORAM: LINDEN J.A.
RYER J.A.
TRUDEL J.A.
BETWEEN:
ATTORNEY
GENERAL OF CANADA
Applicant
and
DAVIS PONTIAC BUICK GMC (MEDICINE HAT) LTD. and
MURRAY CHEVROLET CADILLAC MEDICINE HAT
Respondents
Heard at Calgary, Alberta,
on November
27, 2008.
Judgment delivered from the
Bench at Calgary, Alberta,
on November 27, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: RYER
J.A.
Date: 20081127
Docket: A-223-08
Citation: 2008 FCA 379
CORAM: LINDEN J.A.
RYER
J.A.
TRUDEL
J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
DAVIS PONTIAC BUICK GMC (MEDICINE HAT) LTD. and
MURRAY CHEVROLET CADILLAC MEDICINE HAT
Respondents
REASONS FOR JUDGMENT OF THE
COURT
(Delivered from the Bench at Calgary, Alberta on November 27, 2008)
RYER J.A.
[1]
This is an
application for judicial review of a decision of the Canadian International
Trade Tribunal in relation to a complaint made by Davis Pontiac Buick GMC
(Medicine Hat) Limited (“Davis”).The complaint relates to a contract for the
supply, services and maintenance of military vehicles that was awarded to
Murray Chevrolet Cadillac (Medicine Hat) Ltd.
[2]
In this
application, the Attorney General contests the decision of the Tribunal with
respect to the merits of the complaint.
[3]
In view of
the decision that we have rendered in Court file A-102-08, in which we found
that the Tribunal lacked jurisdiction to hear the complaint, it follows that
the decision of the Tribunal in relation to the merits of the complaint must be
set aside.
[4]
Accordingly,
the application for judicial review will be allowed without costs and the
decision of the Tribunal will be set aside.
“C.
Michael Ryer”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-223-08
STYLE OF CAUSE: Attorney
General of Canada
v. Davis Pontiac Buick GMC
(Medicine Hat) Ltd. and Murray
Chevrolet
Cadillac Medicine Hat
PLACE OF HEARING: Calgary, Alberta
DATE OF HEARING: November 27, 2008
REASONS FOR JUDGMENT OF THE COURT BY: (LINDEN RYER TRUDEL JJ.A.)
DELIVERED FROM THE BENCH BY: RYER J.A.
APPEARANCES:
|
David M. Attwater
|
FOR THE APPLICANT
|
|
Kent R.
Anderson, Q.C.
No Appearance
|
FOR THE RESPONDENT
Davis Pontiac Buick GMC
(Medicine Hat) Ltd.
FOR THE RESPONDENT
Murray Chevrolet
Cadillac Medicine Hat
|
SOLICITORS OF RECORD:
|
John H. Sims, Q.C.
Deputy Attorney General of Canada
|
FOR THE
APPLICANT
|
|
Miller Thomson
LLP
Calgary, Alberta
No Appearance
|
FOR THE
RESPONDENT
Davis Pontiac Buick GMC
FOR THE RESPONDENT
Murray Chevrolet Cadillac Medicine Hat
|
|
|
|
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