National Gallery of Canada v. Ace/cleardefense Inc.
Court headnote
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. …
Read full judgment
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