Systèmes Equinox Inc. v. Canada (Public Works and Government Services)
The application was dismissed because the Tribunal's interpretation of the mandatory requirements of the Request for Proposal was based on an acceptable methodology that was not inconsistent with Article 506(6) of the Agreement on Internal Trade, making the Tribunal's finding of non‑compliance not unreasonable.
Source-derived case information.
- Citation
- 2009 FCA 305
- Parties
- Applicant: Les Systèmes Equinox Inc.; Respondent: Minister of Public Works and Government Services Canada; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 21 October 2009
- Procedural Posture
- Judicial Review / Appeal Federal Court of Appeal Judgment
- Outcome
- Application dismissed with costs
- Legal Topics
- Bid Compliance, Judicial Review Standard of Reasonableness, Interpretation of Mandatory Requirements, Agreement on Internal Trade Article 506(6)
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Les Systèmes Equinox Inc.
Applicant
Minister of Public Works and Government Services Canada
Respondent
Attorney General of Canada
Respondent
Procedural Posture
Judicial Review / Appeal Federal Court of Appeal Judgment
Legal Issues
- 1 Whether the Canadian International Trade Tribunal's finding that Equinox's bid was non-compliant was unreasonable
- 2 Whether the Tribunal's interpretation of the mandatory requirements of the Request for Proposal was consistent with Article 506(6) of the Agreement on Internal Trade
Ratio Decidendi
The application was dismissed because the Tribunal's interpretation of the mandatory requirements of the Request for Proposal was based on an acceptable methodology that was not inconsistent with Article 506(6) of the Agreement on Internal Trade, making the Tribunal's finding of non‑compliance not unreasonable.
Court Disposition
Application dismissed with costs
Orders
- Judicial review application dismissed
- Decision of the Canadian International Trade Tribunal dated March 12, 2009 is upheld
Full Case Text
Judgment text and source record
1 paragraphs
Systèmes Equinox Inc. v. Canada (Public Works and Government Services) Court (s) Database Federal Court of Appeal Decisions Date 2009-10-21 Neutral citation 2009 FCA 305 File numbers A-163-09 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20091021 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 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. Date: 20091021 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) SHARLOW J.A. [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. “K. Sharlow” J.A. 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: Gordon LaFortune FOR THE APPLICANT David Attwater FOR THE RESPONDENT SOLICITORS OF RECORD: Gordon LaFortune Barrister & Solicitor Ottawa, Ontario FOR THE APPLICANT David Attwater Barrister & Solicitor Ottawa, Ontario FOR THE RESPONDENT