Date:
20091021
Docket:
A-163-09
Citation:
2009 FCA 305
CORAM: BLAIS C.J.
SHARLOW J.A.
LAYDEN-STEVENSON
J.A.
BETWEEN:
LES
SYSTÈMES EQUINOX INC.
Applicant
and
MINISTER OF PUBLIC
WORKS AND
GOVERNMENT
SERVICES CANADA and
ATTORNEY GENERAL
OF CANADA
Respondents
Heard
at Ottawa, Ontario, on October
21, 2009.
Judgment delivered from the Bench at Ottawa, Ontario, on October
21, 2009.
REASONS FOR JUDGMENT OF THE COURT
BY: SHARLOW J.A.
Date: 20091021
Docket:
A-163-09
Citation:
2009 FCA 305
CORAM: BLAIS C.J.
SHARLOW J.A.
LAYDEN-STEVENSON J.A.
BETWEEN:
LES SYSTÈMES EQUINOX INC.
Applicant
and
MINISTER OF PUBLIC
WORKS AND
GOVERNMENT
SERVICES CANADA and
ATTORNEY GENERAL
OF CANADA
Respondents
REASONS FOR
JUDGMENT OF THE COURT
(Delivered
from the Bench at Ottawa, Ontario,
on October 21, 2009)
SHARLOW
J.A.
[1]
Les Systèmes Equinox Ltd. (“Equinox”) has applied for judicial review of
the decision of the Canadian International Trade Tribunal dated March 12, 2009.
Equinox submits that the decision of the Tribunal was unreasonable insofar as
the Tribunal concluded that the Equinox bid was non-compliant.
[2]
We are not persuaded that the decision is unreasonable. We note in
particular that the Tribunal’s interpretation of the mandatory requirements of
the Request for Proposal was based on a methodology that was acceptable and not
inconsistent with Article 506(6) of the Agreement on Internal Trade [Canada Gazette, Part I, Vol. 129, No. 17 (29 April 1995)]. This
application will be dismissed with costs.
“K. Sharlow”
FEDERAL COURT
OF APPEAL
NAMES OF
COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-163-09
STYLE OF
CAUSE: Les
Systèmes Equinox Inc. and Minister of Public Works and Government Services Canada
and Attorney General of Canada
PLACE OF
HEARING: Ottawa, Ontario
DATE OF
HEARING: October 21, 2009
REASONS
FOR JUDGMENT OF THE COURT BY: BLAIS C.J.
SHARLOW
J.A.
LAYDEN-STEVENSON
J.A.
DELIVERED
FROM THE BENCH BY: SHARLOW J.A.
APPEARANCES:
|
Gordon LaFortune
|
FOR THE APPLICANT
|
|
David Attwater
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Gordon LaFortune
Barrister & Solicitor
Ottawa, Ontario
|
FOR THE APPLICANT
|
|
David Attwater
Barrister & Solicitor
Ottawa, Ontario
|
FOR THE RESPONDENT
|
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