Weir Canada Inc. v. Canada (Public Works and Government Services)
Applying the reasonableness standard, the Federal Court of Appeal found no error in the Canadian International Trade Tribunal's alternative conclusion at paragraph 17 and dismissed the judicial review application with costs.
Source-derived case information.
- Citation
- 2013 FCA 31
- Parties
- Applicant: Weir Canada Inc.; Respondent: The Minister of Public Works and Government Services
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 6 February 2013
- Procedural Posture
- Judicial Review / Judgment Delivered Application Dismissed
- Outcome
- Judicial review application dismissed with costs
- Legal Topics
- Reasonableness Standard, Standard of Review, Tribunal Jurisdiction, Dismissal With Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Weir Canada Inc.
Applicant
The Minister of Public Works and Government Services
Respondent
Procedural Posture
Judicial Review / Judgment Delivered Application Dismissed
Legal Issues
- 1 Whether the Canadian International Trade Tribunal erred in its alternative conclusion at paragraph 17 in declining to conduct an inquiry
- 2 Whether the reasonableness standard of review permits the Federal Court of Appeal to overturn the Tribunal's alternative conclusion
Ratio Decidendi
Applying the reasonableness standard, the Federal Court of Appeal found no error in the Canadian International Trade Tribunal's alternative conclusion at paragraph 17 and dismissed the judicial review application with costs.
Court Disposition
Judicial review application dismissed with costs
Orders
- Judicial review application dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Weir Canada Inc. v. Canada (Public Works and Government Services) Court (s) Database Federal Court of Appeal Decisions Date 2013-02-06 Neutral citation 2013 FCA 31 File numbers A-430-12 Decision Content Date: 20130206 Docket: A-430-12 Citation: 2013 FCA 31 CORAM: NOËL J.A. PELLETIER J.A. MAINVILLE J.A. BETWEEN: WEIR CANADA INC. Applicant and THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES Respondent Heard at Ottawa, Ontario, on February 6, 2013. Judgment delivered from the Bench at Ottawa, Ontario, on February 6, 2013. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20130206 Docket: A-430-12 Citation: 2013 FCA 31 CORAM: NOËL J.A. PELLETIER J.A. MAINVILLE J.A. BETWEEN: WEIR CANADA INC. Applicant and THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on February 6, 2013) NOËL J.A. [1] Applying a standard of reasonableness we can detect no error in the Canadian International Trade Tribunal’s alternative conclusion set out at paragraph 17 of its reasons in support of its decision not to conduct an inquiry into the applicant’s complaint filed on September 4, 2012. This suffices to dispose of the matter. [2] The judicial review application is dismissed with costs. "Marc Noël" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-430-12 STYLE OF CAUSE: WEIR CANADA INC. v. THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: February 6, 2013 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. PELLETIER J.A. MAINVILLE J.A. DELIVERED FROM THE BENCH BY: NOËL J.A. APPEARANCES: Patrick Girard Patrick Desalliers FOR THE APPLICANT Andrew Gibbs FOR THE RESPONDENT SOLICITORS OF RECORD: Stikeman Elliott LLP Montréal, Quebec FOR THE APPLICANT William F. Pentney Deputy Attorney General of Canada FOR THE RESPONDENT