Telus Integrated Communication Inc. v. Canada (Attorney General)
Because Telus' response to the request for clarification and the evidence supported the CITT's findings, the Court concluded the evaluation procedure was not breached and the complaint was not valid, warranting dismissal of the judicial review application.
Source-derived case information.
- Citation
- 2002 FCA 26
- Parties
- Applicant: Telus Integrated Communication Inc.; Respondent: The Attorney General of Canada; Respondent: BCE Nexxia Inc.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 22 January 2002
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Application for judicial review dismissed with costs to both respondents.
- Legal Topics
- Evaluation Procedure, Breach of Process, Deference to Tribunal Findings, Requests for Clarification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Telus Integrated Communication Inc.
Applicant
The Attorney General of Canada
Respondent
BCE Nexxia Inc.
Respondent
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the evaluation procedure was breached
- 2 Whether Telus' complaint was valid
- 3 Whether the CITT's conclusion was open on the evidence
Ratio Decidendi
Because Telus' response to the request for clarification and the evidence supported the CITT's findings, the Court concluded the evaluation procedure was not breached and the complaint was not valid, warranting dismissal of the judicial review application.
Court Disposition
Application for judicial review dismissed with costs to both respondents.
Orders
- Application for judicial review dismissed
- Costs awarded to the Attorney General of Canada and to BCE Nexxia Inc.
Full Case Text
Judgment text and source record
1 paragraphs
Telus Integrated Communication Inc. v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2002-01-22 Neutral citation 2002 FCA 26 File numbers A-788-00 Decision Content Date: 20020122 Docket: A-788-00 Neutral citation: 2002 FCA 26 CORAM: RICHARD C.J. STRAYER J.A. NOËL J.A. BETWEEN: TELUS INTEGRATED COMMUNICATION INC. Applicant and THE ATTORNEY GENERAL OF CANADA and BCE NEXXIA INC. Respondents Heard at Ottawa, Ontario, on January 22, 2002. Judgment delivered from the Bench at Ottawa, Ontario, on January 22, 2002. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20020122 Docket: A-788-00 Neutral citation: 2002 FCA 26 CORAM: RICHARD C.J. STRAYER J.A. NOËL J.A. BETWEEN: TELUS INTEGRATED COMMUNICATION INC. Applicant and THE ATTORNEY GENERAL OF CANADA and BCE NEXXIA INC. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario on January 22, 2002.) RICHARD C.J. [1] In light of the evidence and, in particular, Telus' response to the request for clarification, it was open to the CITT to conclude that the evaluation procedure was not breached and that the Telus complaint was not valid. [2] Accordingly, the application for judicial review will be dismissed with costs to both respondents. "J. Richard" Chief Justice FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-788-00 STYLE OF CAUSE: Telus Integrated Communication Inc. v. The Attorney General of Canada and BCE Nexxia Inc. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: January 22, 2002 REASONS FOR JUDGMENT OF THE COURT: Richard, C.J. Strayer, J.A. Noël, J.A. RENDERED FROM THE BENCH BY: Richard. C.J. APPEARANCES: Ms. Barbara A. Mclsaac, Q.C. Mr. Kris Klein for the Applicant Ms. Anne M. Turley Mr. Michael Roach for the Respondent (A.G.C.) Mr. Ronald D. Lunau Ms. Phuong Ngo for the Respondent (BCE-Nexxia Inc.) SOLICITORS OF RECORD: McCarthy Tétrault for the Applicants Ottawa, Ontario Mr. Morris Rosenberg for the Respondent Deputy Attorney General of Canada Ottawa, Ontario Gowling Lafleur Henderson L.L.P. for the Respondent (BCE-Nexxia Inc.) Ottawa, Ontario