Canada Case Law

Heiltsuk Horizon Maritime Services Ltd. Et Al. v. Atlantic Towing Limited Et Al.

Court

Federal Court of Appeal

The Tribunal's Remedies Decision was reasonable because the principal breach identified by the court was Public Works' failure to contemporaneously document verification of substitute ship masters, not an established factual finding that substitutes failed technical requirements; applying s.30.15(3) factors the Tribunal reasonably declined to cancel the contract given its advanced stage and essential service implications and reasonably awarded a modest $5,000 remedy and costs; the Federal Court of Appeal dismissed the judicial review application as the Tribunal's reasoning was justified, tran…

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• Substitution clause
• Procurement integrity
• Modified solicitation/de facto sole‑source
• Remedial discretion
• Lost opportunity compensation

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TPG Technology Consulting Ltd. v. Canada (Attorney General)

Court

Federal Court

Federal Court partly upheld TPG’s withholding objections under the ATIA, protecting pricing references and some subcontractor information, but not publicly identifiable profiles.

• S.20(1)(b) atia - third‑party commercial/financial information
• S.20(1)(c) atia - prejudice to competitive position/financial loss
• S.20(1)(d) atia - interference with negotiations
• Confidentiality expectations
• Redaction and disclosure obligations
• Costs

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Conformit Technology Inc. c. Canada (Transports)

Court

Federal Court

La Cour fédérale rejette la demande de CONFORMiT visant à empêcher la divulgation partielle de sa soumission, faute de preuve suffisante sous le régime de la Loi sur l’accès à l’information.

• S.20(1)(b) confidential commercial/technical information
• S.20(1)(c) harm-based exemption/competitive harm
• S.19(1) personal information
• De novo judicial review
• Public disclosure/public domain
• Acces-a-l-information

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Cache Computer Consulting Corp. v. Canada (Public Services and Procurement)

Court

Federal Court

The Federal Court granted Cache’s ATIA review in part, ordering redaction of consultant names. It held the names were confidential commercial information and could prejudice Cache’s competitive position.

• Atia exemptions
• Personal information
• Confidential commercial information
• Competitive prejudice
• Third party notice and redaction
• Access-to-information

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Forex-Afrique c. Canada (Procureur général)

Court

Federal Court

La Cour fédérale accueille le contrôle judiciaire de Forex-Afrique, juge la décision ministérielle déraisonnable pour absence d’analyse du conflit d’intérêts allégué et renvoie l’affaire pour nouvelle décision.

• Standing
• Adequacy of reasons
• Procurement conflict of interest
• Remedy and remittal
• Judicial-review
• Procurement-conflict-of-interest

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Canada (Attorney General) v. EllisDon Corporation

Court

Federal Court of Appeal

The Federal Court of Appeal dismissed the AGC's application, holding the Tribunal reasonably concluded it had jurisdiction over procurement breaches (not mere contract administration) and reasonably exercised its remedial discretion under s.30.15 to award compensation for lost opportunities on third‑party contracts after considering the mandatory factors in s.30.15(3); the decision was reviewed on the reasonableness standard and was tenable in law and fact.

Source excerpt

• Remedies
• Compensation for lost opportunity
• Jurisdictional scope
• Standard of review

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Sidoli v. Canada (Attorney General)

Court

Federal Court

The Federal Court granted judicial review of a reliability-status revocation, finding procedural fairness was met but the decision unreasonable because of a central factual error.

• Procedural fairness
• Standard of review - reasonableness
• Security screening
• Revocation of reliability status
• Investigative disclosure
• Procedural-fairness

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Canada (Attorney General) v. Ellisdon Corporation

Court

Federal Court of Appeal

The motion for a stay was dismissed because the factors relied on by the Attorney General did not justify abeyance: negotiations do not require a stay, the Tribunal had already identified the scope of compensation as lost opportunity cost and will only determine amount, and judicial economy favors resolving via judicial review whether the Tribunal had statutory authority so as to avoid unnecessary delay and expense.

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• Stay of proceedings
• Compensation for lost opportunity
• Statutory authority
• Judicial economy
• Bifurcation

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Sigma Risk Management Inc. v. Canada (Attorney General)

Court

Federal Court of Appeal

The Tribunal's decision was reasonable: Sigma filed its complaint well beyond the 10 working day limit measured from the date Public Works denied relief (Sigma knew or ought to have known of the denial on that date), Sigma did not raise the argument about being informed of rights before the Tribunal and thus cannot raise it on review, and the Tribunal reasonably concluded the complaint disclosed no reasonable indication of breach of Article 507.3(b) given a permissible interpretation of the solicitation's mandatory experience requirement.

Source excerpt

• Judicial review standard of review
• Timeliness and statutory deadlines
• Procedural fairness
• Interpretation of solicitation requirements
• Canadian free trade agreement compliance

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Pacific Northwest Raptors Ltd. v. Canada (Attorney General)

Court

Federal Court of Appeal

The Court dismissed both applications for judicial review: Northwest Raptors was given a full and fair opportunity to respond and failed to establish a breach of procedural fairness; the CITT reasonably concluded Northwest Raptors’ original bid did not meet mandatory criterion M2 based on the evaluators’ assessment and supporting record, and the CITT’s remedy—termination of the contract and awarding it to Falcon—was within the Tribunal’s remedial discretion and consistent with the statutory factors and parties' submissions; the second application was moot.

Source excerpt

• Procedural fairness
• Standard of review
• Remedies
• Procurement evaluation criteria
• Deference to evaluators

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