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Federal Court of Appeal· 2001

National Gallery of Canada v. Ace/cleardefense Inc.

2001 FCA 143
Intellectual PropertyJD
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National Gallery of Canada v. Ace/cleardefense Inc. Court (s) Database Federal Court of Appeal Decisions Date 2001-05-03 Neutral citation 2001 FCA 143 File numbers A-481-00 Decision Content Date: 20010503 Docket: A-481-00 Neutral citation: 2001 FCA 143 CORAM: STONE J.A. NOËL J.A. EVANS J.A. BETWEEN: NATIONAL GALLERY OF CANADA Applicant - and - ACE/CLEARDEFENSE INC. Respondent Heard at Ottawa, Ontario on Thursday, May 3, 2001 Judgment delivered from the Bench at Ottawa, Ontario on Thursday, May 3, 2001 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20010503 Docket: A-481-00 Neutral citation: 2001 FCA 143 CORAM: STONE J.A. NOËL J.A. EVANS J.A. BETWEEN: NATIONAL GALLERY OF CANADA Applicant - and - ACE/CLEARDEFENSE INC. Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario on Thursday, May 3, 2001) NOËL J.A. [1] We were not persuaded that the Canadian International Trade Tribunal (CITT) committed any reviewable error. In particular, applying the patently unreasonable standard of review, we are of the view that it was open to the CITT to hold, in effect, that only an unforeseeable situation of urgency was relevant for determining the reasonableness of the bidding period pursuant to article 506(4) of the Agreement on Internal Trade. [2] The application will be dismissed with costs. "Marc Noël" J.A. …

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National Gallery of Canada v. Ace/cleardefense Inc.
Court (s) Database
Federal Court of Appeal Decisions
Date
2001-05-03
Neutral citation
2001 FCA 143
File numbers
A-481-00
Decision Content
Date: 20010503
Docket: A-481-00
Neutral citation: 2001 FCA 143
CORAM: STONE J.A.
NOËL J.A.
EVANS J.A.
BETWEEN:
NATIONAL GALLERY OF CANADA
Applicant
- and -
ACE/CLEARDEFENSE INC.
Respondent
Heard at Ottawa, Ontario on Thursday, May 3, 2001
Judgment delivered from the Bench at Ottawa, Ontario on Thursday, May 3, 2001
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20010503
Docket: A-481-00
Neutral citation: 2001 FCA 143
CORAM: STONE J.A.
NOËL J.A.
EVANS J.A.
BETWEEN:
NATIONAL GALLERY OF CANADA
Applicant
- and -
ACE/CLEARDEFENSE INC.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario
on Thursday, May 3, 2001)
NOËL J.A.
[1] We were not persuaded that the Canadian International Trade Tribunal (CITT) committed any reviewable error. In particular, applying the patently unreasonable standard of review, we are of the view that it was open to the CITT to hold, in effect, that only an unforeseeable situation of urgency was relevant for determining the reasonableness of the bidding period pursuant to article 506(4) of the Agreement on Internal Trade.
[2] The application will be dismissed with costs.
"Marc Noël"
J.A.

Source: decisions.fca-caf.gc.ca