Canada (Attorney General) v. Cognos Inc.
Having reviewed the record, the Court concluded that the reasons given by the Canadian International Trade Tribunal in support of its decision on remedy were not inadequate, and therefore dismissed the application for judicial review with costs.
Source-derived case information.
- Citation
- 2003 FCA 405
- Parties
- Applicant: Attorney General of Canada; Respondent: Cognos Incorporated; Respondent: Core Software Corp.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 29 October 2003
- Procedural Posture
- Judicial Review / Final Judgment on Judicial Review Application
- Outcome
- Application for judicial review dismissed with costs.
- Legal Topics
- Adequacy of Reasons, Remedy, Canadian International Trade Tribunal, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney General of Canada
Applicant
Cognos Incorporated
Respondent
Core Software Corp.
Respondent
Procedural Posture
Judicial Review / Final Judgment on Judicial Review Application
Legal Issues
- 1 Whether the reasons given by the Canadian International Trade Tribunal in support of its remedy were inadequate
- 2 Whether the Federal Court of Appeal should grant the application for judicial review or dismiss it
Ratio Decidendi
Having reviewed the record, the Court concluded that the reasons given by the Canadian International Trade Tribunal in support of its decision on remedy were not inadequate, and therefore dismissed the application for judicial review with costs.
Court Disposition
Application for judicial review dismissed with costs.
Orders
- Application for judicial review dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Cognos Inc. Court (s) Database Federal Court of Appeal Decisions Date 2003-10-29 Neutral citation 2003 FCA 405 File numbers A-720-02 Decision Content Date: 20031029 Docket: A-720-02 Citation: 2003 FCA 405 PRESENT: NOËL J.A. SEXTON J.A. MALONE J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and COGNOS INCORPORATED and CORE SOFTWARE CORP. Respondents Heard at Ottawa, Ontario, on October 29, 2003. Judgment delivered from the Bench at Ottawa, Ontario, on October 29, 2003. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20031029 Docket: A-720-02 Citation: 2003 FCA 405 Ottawa, Ontario, October 29, 2003 PRESENT: NOËL J.A. SEXTON J.A. MALONE J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and COGNOS INCORPORATED and CORE SOFTWARE CORP. Respondents REASONS FOR JUDGMENT NOËL J.A. [1] Having regard to the record which was before the Canadian International Trade Tribunal, we are not satisfied that the reasons given in support of its decision on remedy are inadequate. [2] The application for judicial review will be dismissed with costs. "Marc Noël" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-720-02 STYLE OF CAUSE: Attorney General of Canada -and- Cognos Incorporated and Core Software Corp. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: October 29, 2003 REASONS FOR JUDGMENT OF THE COURT: Noël J.A Sexton J.A. Malone J.A. DELIVERED FROM THE BENCH BY: Noël J.A. APPEARANCES: Mr. David Attwater FOR THE APPLICANT Mr. Ronald Lunau FOR THE RESPONDENT COGNOS INCORPORATED SOLICITORS OF RECORD: Mr. Morris A. Rosenberg Deputy Attorney General of Canada Ottawa, Ontario FOR THE APPLICANT Gowling Lafleur Henderson LLP Ottawa, Ontario FOR THE RESPONDENT