Sikorsky International Operations Inc. v. Agustawestland Intl. Ltd.
The appeals were dismissed because the appellants failed to establish any basis for intervention in the Federal Court decisions; costs were awarded to the respondent in the specified apportionment.
Source-derived case information.
- Citation
- 2005 FCA 115
- Parties
- Appellant: Sikorsky International Operations, Inc.; Respondent: Agustawestland International Limited; Interested Party: Minister of Public Works and Government Services
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 5 April 2005
- Procedural Posture
- Appeal to the Federal Court of Appeal / Judgment (appeal Dismissed)
- Outcome
- Appeals dismissed
- Legal Topics
- Judicial Intervention, Costs, Judicial Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sikorsky International Operations, Inc.
Appellant
Agustawestland International Limited
Respondent
Minister of Public Works and Government Services
Interested Party
Procedural Posture
Appeal to the Federal Court of Appeal / Judgment (appeal Dismissed)
Legal Issues
- 1 Whether there was any basis for this Court to intervene in the decisions of the Federal Court
- 2 Whether the appellants demonstrated errors warranting allowance of the appeals
- 3 Proper allocation of costs
Ratio Decidendi
The appeals were dismissed because the appellants failed to establish any basis for intervention in the Federal Court decisions; costs were awarded to the respondent in the specified apportionment.
Court Disposition
Appeals dismissed
Orders
- Appeals dismissed
- Costs to the respondent of $8,000 inclusive of disbursements, $4,000 to be paid by the Minister of Public Works and Government Services and $4,000 to be paid by Sikorsky International Operations Inc.
Full Case Text
Judgment text and source record
1 paragraphs
Sikorsky International Operations Inc. v. Agustawestland Intl. Ltd. Court (s) Database Federal Court of Appeal Decisions Date 2005-04-05 Neutral citation 2005 FCA 115 File numbers A-597-04, A-598-04, A-652-04, A-662-04 Decision Content Date: 20050405 Docket: A-662-04 (A-597-04, A-598-04, A-652-04) Citation: 2005 FCA 115 CORAM: ROTHSTEIN J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: SIKORSKY INTERNATIONAL OPERATIONS, INC. Appellant and AGUSTAWESTLAND INTERNATIONAL LIMITED Respondent Heard at Ottawa, Ontario, on April 5, 2005. Judgment delivered from the Bench at Ottawa, Ontario, on April 5, 2005. REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A. Date: 20050405 Docket: A-662-04 (A-597-04, A-598-04, A-652-04) Citation: 2005 FCA 115 CORAM: ROTHSTEIN J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: SIKORSKY INTERNATIONAL OPERATIONS, INC. Appellant and AGUSTAWESTLAND INTERNATIONAL LIMITED Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on April 5, 2005) ROTHSTEIN J.A. [1] In spite of the able submissions of counsel for the appellants, we have not been persuaded that there is any basis for the intervention of this Court in the decisions of the Federal Court. The appeals will be dismissed. Costs will be to the respondent of $8,000 inclusive of disbursements, $4,000 to be paid by the Minister of Public Works and Government Services and $4,000 to be paid by Sikorsky International Operations Inc. "Marshall Rothstein" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-662-04 (A-597-04, A-598-04, A-652-04) (APPEALS FROM AN ORDER OF THE FEDERAL COURT DATED NOVEMBER 29, 2004, DOCKET NO. T-1605-04) STYLE OF CAUSE: SIKORSKY INTERNATIONAL OPERATIONS, INC. Appellant and AGUSTAWESTLAND INTERNATIONAL LIMITED Respondent PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: April 5, 2005 REASONS FOR JUDGMENT OF THE COURT: Rothstein, Sexton, Sharlow DELIVERED FROM THE BENCH BY: Rothstein J.A. APPEARANCES: Mr. R. Benjamin Mills FOR SIKORSKY INTERNATIONAL OPERATIONS, INC. Mr. Jan Brongers Ms. Tatiana Sandler FOR THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES Mr. Gordon Cameron Ms. Meghan Gardner FOR THE RESPONDENT AGUSTAWESTLAND INTERNATIONAL LIMITED SOLICITORS OF RECORD: McCarthy Tétrault LLP Ottawa, Ontario FOR SIKORSKY INTERNATIONAL OPERATIONS, INC. John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario FOR THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES Blake, Cassels & Graydon LLP Ottawa, Ontario FOR THE RESPONDENT AGUSTAWESTLAND INTERNATIONAL LIMITED