Canada (Attorney General) v. Canadyne Technologies Inc., 2005 FCA 291

Date: 20050913

Docket: A-267-04

Citation: 2005 FCA 291

CORAM:        DÉCARY J.A.

                        LINDENJ.A.             

                        SEXTON J.A.

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

CANADYNE TECHNOLOGIES INC.

Respondent

Heard at Vancouver, British Columbia, on September 13, 2005.

Judgment delivered from the Bench atVancouver, British Columbia, on September 13, 2005.

REASONS FOR JUDGMENT OF THE COURT BY:                                                 SEXTON J.A.

Date: 20050913

Docket: A-267-04

Citation: 2005 FCA 291

CORAM:        DÉCARY J.A.

                        LINDENJ.A.             

                        SEXTON J.A.

BETWEEN:

ATTORNEY GENERAL OF CANADA

Applicant

and

CANADYNE TECHNOLOGIES INC.

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Vancouver, British Columbia, on September 13, 2005.)

SEXTON J.A.

[1]                In this case the Canadian International Trade Tribunal (the 'CITT') held that in the absence of a provision in the Request for a Standing Offer advising bidders that additional information would be requested and subsequently used in the evaluation of proposals, the Department of Public Works and Government Services (the 'PWGSC') was not entitled to use additional information of such a substantive nature in the evaluation of proposals. The CITT held that the actions of PWGSC went far beyond the use of minor clarification process. We are of the view that this decision was not patently unreasonable.

[2]                The application will therefore be dismissed. No costs are awarded as the Respondent made no submissions on this application.

                                                                                                            "J. Edgar Sexton"

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                               A-267-04

(APPEAL FROM A DETERMINATION OF THE CANADIAN INTERNATIONAL TRADE TRIBUNAL DATED APRIL 14, 2004, DOCKET NO. PR-2003-073)

STYLE OF CAUSE:                                                               Attorney General of Canada v. Canadyne Technologies Inc.

PLACE OF HEARING:                                                         Vancouver, British Columbia

DATE OF HEARING:                                                           September 13, 2005

REASONS FOR JUDGMENT OF THE COURT:              Décary J.A.

                                                                                                Linden J.A.

                                                                                                Sexton J.A.

DELIVERED FROM THE BENCH BY:                             Sexton J.A.

APPEARANCES:

SOLICITORS OF RECORD: