Date: 20030507
Docket: A-366-02
Citation: 2003 FCA 214
CORAM: STONE J.A.
BETWEEN:
MINISTER OF PUBLIC WORKS AND
GOVERNMENT SERVICES
Applicant
and
MAXSYS PROFESSIONALS & SOLUTIONS INC.
Respondent
Heard at Ottawa, Ontario, May 7, 2003
Judgment delivered from the Bench at Ottawa, Ontario, May 7, 2003
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20030507
Docket: A-366-02
Citation: 2003 FCA 214
CORAM: STONE J.A.
BETWEEN:
MINISTER OF PUBLIC WORKS AND
GOVERNMENT SERVICES
Applicant
and
MAXSYS PROFESSIONALS & SOLUTIONS INC.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, May 7, 2003
[1] The Crown seeks to quash a decision of the Canadian International Trade Tribunal accepting as valid a complaint by the respondent relating to the procurement of professional services for the Department of National Defence.
[2] The issues argued before the CITT and this Court were essentially factual, relating to the quality of the respondent as a bidder. We agree with the respondent that the appropriate standard of review is patent unreasonableness.
[3] After considering the written and oral submissions of the parties, we are not persuaded that the CITT made any error that warrants the intervention of this Court.
[4] This application will therefore be dismissed with costs.
"K. Sharlow"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-366-02
STYLE OF CAUSE: MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES v. MAXSYS PROFESSIONALS & SOLUTIONS INC
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: May 7, 2003
REASONS FOR JUDGMENT OF THE COURT: (Stone, Sexton, Sharlow, JJA.)
RENDERED FROM THE BENCH BY: (Sharlow, J.A.)
APPEARANCES:
Mr. David M. Attwater FOR THE APPLICANT
Mr. Ronald D. Lunau. FOR THE RESPONDENT
Ms. Carina Depellegrin
SOLICITORS OF RECORD:
Lang Michener FOR THE APPLICANT
Ottawa, Ontario
Gowling Lafleur Henderson LLP FOR THE RESPONDENT
Ottawa, Ontario