Bell Canada v. Canada (Public Works and Government Services)
The Court concluded that the Canadian International Trade Tribunal's decision was not unreasonable and therefore dismissed the application for judicial review; costs were awarded to the respondent and no costs were ordered for or against the intervener.
Source-derived case information.
- Citation
- 2012 FCA 162
- Parties
- Applicant: Bell Canada; Respondent: Minister of Public Works and Government Services; Intervener: Telus Communications Inc.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 29 May 2012
- Procedural Posture
- Judicial Review / Appeal Judgment (federal Court of Appeal)
- Outcome
- Application for judicial review dismissed
- Legal Topics
- Standard of Review, Reasonableness, Judicial Review, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bell Canada
Applicant
Minister of Public Works and Government Services
Respondent
Telus Communications Inc.
Intervener
Procedural Posture
Judicial Review / Appeal Judgment (federal Court of Appeal)
Legal Issues
- 1 Whether the Canadian International Trade Tribunal's decision was unreasonable
- 2 Proper standard of review to apply
- 3 Entitlement to costs
Ratio Decidendi
The Court concluded that the Canadian International Trade Tribunal's decision was not unreasonable and therefore dismissed the application for judicial review; costs were awarded to the respondent and no costs were ordered for or against the intervener.
Court Disposition
Application for judicial review dismissed
Orders
- Application for judicial review dismissed
- Costs awarded to the respondent
Full Case Text
Judgment text and source record
1 paragraphs
Bell Canada v. Canada (Public Works and Government Services) Court (s) Database Federal Court of Appeal Decisions Date 2012-05-29 Neutral citation 2012 FCA 162 File numbers A-397-11 Decision Content Federal Court of Appeal Cour d'appel fédérale Date: 20120529 Docket: A-397-11 Citation: 2012 FCA 162 CORAM: LÉTOURNEAU J.A. SHARLOW J.A. STRATAS J.A. BETWEEN: BELL CANADA Applicant and MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES Respondent and TELUS COMMUNICATIONS INC. Intervener Heard at Ottawa, Ontario, on May 29, 2012. Judgment delivered from the Bench at Ottawa, Ontario, on May 29, 2012. REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A. Federal Court of Appeal Cour d'appel fédérale Date: 20120529 Docket: A-397-11 Citation: 2012 FCA 162 CORAM: LÉTOURNEAU J.A. SHARLOW J.A. STRATAS J.A. BETWEEN: BELL CANADA Applicant and MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES Respondent and TELUS COMMUNICATIONS INC. Intervener REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on May 29, 2012) LÉTOURNEAU J.A. [1] Despite the thorough and able submissions of counsel for the applicant, we have not been convinced that the decision of the Canadian International Trade Tribunal is unreasonable. The application for judicial review will be dismissed with costs to the respondent. No costs shall be awarded for or against the intervener. “Gilles Létourneau” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-397-11 STYLE OF CAUSE: BELL CANADA v. MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES and TELUS COMMUNICATIONS INC. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: May 29, 2012 REASONS FOR JUDGMENT LÉTOURNEAU J.A. OF THE COURT BY: SHARLOW J.A. STRATAS J.A. DELIVERED FROM THE BENCH BY: LÉTOURNEAU J.A. APPEARANCES: Ronald D. Lunau Graham S. Ragan FOR THE APPLICANT Alexandre Kaufman Lincoln Caylor Milos Barutciski FOR THE RESPONDENT FOR THE INTERVENER SOLICITORS OF RECORD: Gowling Lafleur Henderson LLP Ottawa, Ontario FOR THE APPLICANT Myles J. Kirvan Deputy Attorney General of Canada Bennett Jones LLP Toronto, Ontario FOR THE RESPONDENT FOR THE INTERVENER