Docket: A-136-15
Citation: 2016 FCA 24
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CORAM:
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NOËL C.J.
GAUTHIER J.A.
WEBB J.A.
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BETWEEN:
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ATTORNEY
GENERAL OF CANADA
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Applicant
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and
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4PLAN
CONSULTING INC.
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Respondent
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Heard at Ottawa, Ontario, on January 26, 2016.
Judgment delivered from the Bench at Ottawa, Ontario, on January 26,
2016.
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REASONS FOR JUDGMENT OF THE COURT BY:
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NOËL
C.J.
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Docket: A-136-15
Citation:
2016 FCA 24
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CORAM:
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NOËL C.J.
GAUTHIER J.A.
WEBB J.A.
|
|
BETWEEN:
|
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ATTORNEY
GENERAL OF CANADA
|
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Applicant
|
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and
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4PLAN
CONSULTING INC.
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Respondent
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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on
January 26, 2016).
NOËL C.J.
[1]
This is an application for judicial review by
the Attorney General of Canada (Attorney General) directed against a decision
of the Canadian International Trade Tribunal (the Tribunal) (PR-2014-030)
wherein it was determined that the complaint brought by 4Plan Consulting Inc.
(4Plan) against a procurement process was in part valid and ordered that 4Plan
be compensated.
[2]
The Attorney General originally took issue with
both the finding that the complaint was in part valid and the remedy awarded.
The attack relating to the remedy was not pursued during the hearing. As to the
remaining issue, the case law establishes and the parties agree that
reasonableness is the standard against which the finding that the complaint
was, in part valid, must be addressed.
[3]
Applying this standard we can find no reviewable
error in the reasons advanced by the tribunal for upholding the complaint with
respect to all the projects but one. It suffices to say that the arguments put
forward by the Attorney General either fail to address the actual grounds on
which the tribunal’s decision was rendered or misconstrue the tribunal’s
reasons.
[4]
The application for judicial review will be
dismissed with costs.
"Marc Noël"
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
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DOCKET:
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A-136-15
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STYLE OF CAUSE:
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ATTORNEY
GENERAL OF CANADA v. 4PLAN CONSULTING INC.
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PLACE OF
HEARING:
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Ottawa, Ontario
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DATE OF
HEARING:
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January 26, 2016
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REASONS
FOR JUDGMENT OF THE COURT BY:
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NOËL C.J.
GAUTHIER J.A.
WEBB J.A.
|
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DELIVERED
FROM THE BENCH BY:
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NOËL C.J.
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APPEARANCES:
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Ms. Talitha A. Nabbali
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For The
Applicant
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Mr. Benjamin Mills
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For The
Respondent
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SOLICITORS OF RECORD:
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William F. Pentney
Deputy Attorney General of Canada
Ottawa, Ontario
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For The
Applicant
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Conlin Bedard LLP
Barristers and Solicitors
Ottawa, Ontario
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For The
Respondent
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