Canada (Attorney General) v. McNally Construction Inc.

Canada (Attorney General) v. McNally Construction Inc. Court (s) Database Federal Court of Appeal Decisions Date 2002-03-20 Neutral citation 2002 FCA 111 File numbers A-7-02 Notes Digest Decision Content Date: 20020320 Docket: A-7-02 Neutral citation: 2002 FCA 111 Present: DÉCARY J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and McNALLY CONSTRUCTION INC. and ABCO INDUSTRIES LIMITED Respondents Dealt with in writing without appearance of parties. Order delivered at Montreal, Quebec, on March 20, 2002. ORDER AND REASONS FOR ORDER BY: DÉCARY J.A. Date: 20020320 Docket: A-7-02 Neutral citation: 2002 FCA 111 Present: DÉCARY J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and McNALLY CONSTRUCTION INC. and ABCO INDUSTRIES LIMITED Respondents ORDER AND REASONS FOR ORDER DÉCARY J.A. [1] This motion to intervene is filed by the Canadian International Trade Tribunal (the Tribunal) at the suggestion of the Court given the particular circumstances of the case. [2] It is conceded by the applicant that the within application for judicial review is moot and that the respondents no longer have any interest in it. [3] Counsel for the Attorney General has persuaded a panel of this Court (composed of Sexton and Evans JJ.A. and myself) that, in the exercise of its discretion (see Canada (Minister of Justice) v. Borowski, [1981] 2 S.C.R. 575), the Court should nevertheless hear and decide the application as expeditiously as possible, provided that someone appear to argue in opposition to the Attorney General. The suggestion was made that the Tribunal was in a position, exceptionally, to fill that role and the Tribunal has volunteered to do so. Hence, the Tribunal's motion to intervene. [4] It is in the interest of the administration of justice that leave to intervene be given to the Tribunal in order to assist the Court in determining the relevant standard of review and to provide the Court with a perspective on the "shipbuilding and repair" issue that is different from that advanced by the Attorney General. It is understood that the intervention of the Tribunal is not for the purpose of defending its decision and that the intervention will not impeach the impartiality of the Tribunal. [5] The Court has noted that there is no reference, in the material before it, to any documentation that might shed some light on the exclusion of "shipbuilding and repair" in the North American Free Trade Agreement and in the World Trade Organization Agreement on Government Procurement. Should there be any such documentation, the Court would expect the applicant and/or the Tribunal to file it with the written submissions. [6] It is therefore ordered that: 1. The Tribunal be granted leave to intervene in Federal Court of Appeal File No. A-7-02; 2. The style of cause in any further proceeding include the Tribunal as intervener; 3. The Tribunal be allowed to make written submissions not exceeding twenty pages to be served on the applicant and filed with the Court by March 27, 2002, and that the Tribunal be allowed to present oral argument at the hearing; 4. The applicant, the Attorney General of Canada, be allowed to serve and file a reply to the Tribunal's written submissions by April 5, 2002; 5. The hearing adjourned on March 13, 2002 be re-scheduled for April 17, 2002, at 2:30 p.m., for a duration not to exceed two hours, at Ottawa, Ontario. "Robert Décary" J.A. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20020320 Docket: A-7-02 BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and McNALLY CONSTRUCTION INC. and ABCO INDUSTRIES LIMITED Respondents ORDER AND REASONS FOR ORDER FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-7-02 STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA Applicant and McNALLY CONSTRUCTION INC. and ABCO INDUSTRIES LIMITED Respondents DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES. ORDER AND REASONS FOR ORDER BY DÉCARY J.A. DATED: March 20, 2002 WRITTEN SUBMISSIONS BY: Ms. Anne Turley FOR THE APPLICANT Mr. Reagan Walker Mr. John Dodsworth FOR THE INTERVENER Canadian International Trade Tribunal SOLICITORS OF RECORD: Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario FOR THE APPLICANT Canadian International Trade Tribunal Ottawa, Ontario FOR THE INTERVENER Canadian International Trade Tribunal