Canada (Minister of Public Works and Government Services) v. Maxsys Professionals & Solutions Inc.
Because the issues were essentially factual and the Tribunal's findings were not patently unreasonable, the Federal Court of Appeal refused to intervene and dismissed the Crown's application to quash the CITT decision.
Source-derived case information.
- Citation
- 2003 FCA 214
- Parties
- Applicant: Minister of Public Works and Government Services; Respondent: Maxsys Professionals & Solutions Inc.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 7 May 2003
- Procedural Posture
- Judicial Review of Administrative Decision (canadian International Trade Tribunal) / Appeal to Federal Court of Appeal — Disposition on Merits
- Outcome
- Application dismissed with costs.
- Legal Topics
- Standard of Review, Patent Unreasonableness, Bid Evaluation, Canadian International Trade Tribunal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Minister of Public Works and Government Services
Applicant
Maxsys Professionals & Solutions Inc.
Respondent
Procedural Posture
Judicial Review of Administrative Decision (canadian International Trade Tribunal) / Appeal to Federal Court of Appeal — Disposition on Merits
Legal Issues
- 1 Whether the Canadian International Trade Tribunal erred in accepting the respondent's procurement complaint
- 2 What is the appropriate standard of review for the Tribunal's decision
- 3 Whether the Tribunal's factual findings were patently unreasonable
Ratio Decidendi
Because the issues were essentially factual and the Tribunal's findings were not patently unreasonable, the Federal Court of Appeal refused to intervene and dismissed the Crown's application to quash the CITT decision.
Court Disposition
Application dismissed with costs.
Orders
- Application dismissed
- Respondent awarded costs
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Minister of Public Works and Government Services) v. Maxsys Professionals & Solutions Inc. Court (s) Database Federal Court of Appeal Decisions Date 2003-05-07 Neutral citation 2003 FCA 214 File numbers A-366-02 Decision Content Date: 20030507 Docket: A-366-02 Citation: 2003 FCA 214 CORAM: STONE J.A. SEXTON J.A. SHARLOW 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. SEXTON J.A. SHARLOW 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 SHARLOW J.A. [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