National Gallery of Canada v. Ace/cleardefense Inc.
Applying the patently unreasonable standard, the Court held that it was open to the CITT to conclude that only an unforeseeable situation of urgency is relevant to determining the reasonableness of a bidding period under article 506(4); accordingly the CITT did not commit a reviewable error and the application was...
Source-derived case information.
- Citation
- 2001 FCA 143
- Parties
- Applicant: NATIONAL GALLERY OF CANADA; Respondent: ACE/CLEARDEFENSE INC.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 3 May 2001
- Procedural Posture
- Appeal (judicial Review of Administrative Decision) / Final Judgment of the Federal Court of Appeal
- Outcome
- Application dismissed with costs.
- Legal Topics
- Standard of Review, Agreement on Internal Trade Article 506(4), Reasonableness of Bidding Period, Urgency Exception
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
NATIONAL GALLERY OF CANADA
Applicant
ACE/CLEARDEFENSE INC.
Respondent
Procedural Posture
Appeal (judicial Review of Administrative Decision) / Final Judgment of the Federal Court of Appeal
Legal Issues
- 1 Whether the CITT committed reviewable error in its interpretation of article 506(4) of the Agreement on Internal Trade
- 2 Whether the correct standard of review (patently unreasonable) permits the CITT's finding that only unforeseeable urgency is relevant to the reasonableness of a bidding period
Ratio Decidendi
Applying the patently unreasonable standard, the Court held that it was open to the CITT to conclude that only an unforeseeable situation of urgency is relevant to determining the reasonableness of a bidding period under article 506(4); accordingly the CITT did not commit a reviewable error and the application was dismissed.
Court Disposition
Application dismissed with costs.
Orders
- Application dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
National Gallery of Canada v. Ace/cleardefense Inc. Court (s) Database Federal Court of Appeal Decisions Date 2001-05-03 Neutral citation 2001 FCA 143 File numbers A-481-00 Decision Content Date: 20010503 Docket: A-481-00 Neutral citation: 2001 FCA 143 CORAM: STONE J.A. NOËL J.A. EVANS J.A. BETWEEN: NATIONAL GALLERY OF CANADA Applicant - and - ACE/CLEARDEFENSE INC. Respondent Heard at Ottawa, Ontario on Thursday, May 3, 2001 Judgment delivered from the Bench at Ottawa, Ontario on Thursday, May 3, 2001 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20010503 Docket: A-481-00 Neutral citation: 2001 FCA 143 CORAM: STONE J.A. NOËL J.A. EVANS J.A. BETWEEN: NATIONAL GALLERY OF CANADA Applicant - and - ACE/CLEARDEFENSE INC. Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario on Thursday, May 3, 2001) NOËL J.A. [1] We were not persuaded that the Canadian International Trade Tribunal (CITT) committed any reviewable error. In particular, applying the patently unreasonable standard of review, we are of the view that it was open to the CITT to hold, in effect, that only an unforeseeable situation of urgency was relevant for determining the reasonableness of the bidding period pursuant to article 506(4) of the Agreement on Internal Trade. [2] The application will be dismissed with costs. "Marc Noël" J.A.