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Federal Court of Appeal |
CANADA |
Cour d'appel fédérale |
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.
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)
[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.
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:
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FOR THE APPLICANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Barrister & Solicitor Ottawa, Ontario
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FOR THE APPLICANT
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Barrister & Solicitor Ottawa, Ontario
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FOR THE RESPONDENT
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