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Date: 20000314


Docket: A-406-98


CORAM:      ROBERTSON J.A.

         ROTHSTEIN J.A.

         SHARLOW J.A.

BETWEEN:

     JASTRAM TECHNOLOGIES INC.

     Applicant

     - and -

     THE MINISTER OF PUBLIC WORKS

     AND GOVERNMENT SERVICES

     Respondent

     CANADIAN INTERNATIONAL TRADE TRIBUNAL

     Intervener







Heard at Ottawa, Ontario, on Tuesday, March 14, 2000

Judgment delivered from the Bench at Ottawa, Ontario, on Tuesday, March 14, 2000


REASONS FOR JUDGMENT BY:      ROBERTSON J.A.






Date: 20000314


Docket: A-406-98


CORAM:      ROBERTSON J.A.

         ROTHSTEIN J.A.

         SHARLOW J.A.

BETWEEN:

     JASTRAM TECHNOLOGIES INC.

     Applicant

     - and -

     THE MINISTER OF PUBLIC WORKS

     AND GOVERNMENT SERVICES

     Respondent

     CANADIAN INTERNATIONAL TRADE TRIBUNAL

     Intervener


     REASONS FOR JUDGMENT

     (Delivered from the Bench at Ottawa, Ontario

     on Tuesday, March 14, 2000)

ROBERTSON J.A.

[1]      The principal issue raised on this judicial review application is whether the Canadian International Trade Tribunal erred in holding that the applicant"s complaint, arising from the awarding of a tendering contract by the respondent, was made outside the time limit prescribed by section 6 of the Canadian InternationalTrade Tribunal Procurement Inquiry Regulations.

[2]      The applicant maintains that the CITT misconstrued the applicant"s complaint. In our respectful view, it was reasonably open to that tribunal to construe the complaint in the manner it did. That being the case we cannot say that the CITT rendered a decision which was patently unreasonable, which is the applicable standard of review in this case. For these reasons the application will be dismissed with costs.



     "J.T. Robertson"

     J.A.

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