Canada (Attorney General) v. Davis Pontiac Buick GMC (Medicine Hat) Limited

Canada (Attorney General) v. Davis Pontiac Buick GMC (Medicine Hat) Limited
Court (s) Database
Federal Court of Appeal Decisions
Date
2008-12-03
Neutral citation
2008 FCA 379
File numbers
A-581-07
Decision Content
Date: 20081127
Docket: A-223-08
Citation: 2008 FCA 379
CORAM: LINDEN J.A.
RYER J.A.
TRUDEL J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
DAVIS PONTIAC BUICK GMC (MEDICINE HAT) LTD. and
MURRAY CHEVROLET CADILLAC MEDICINE HAT
Respondents
Heard at Calgary, Alberta, on November 27, 2008.
Judgment delivered from the Bench at Calgary, Alberta, on November 27, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: RYER J.A.
Date: 20081127
Docket: A-223-08
Citation: 2008 FCA 379
CORAM: LINDEN J.A.
RYER J.A.
TRUDEL J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
DAVIS PONTIAC BUICK GMC (MEDICINE HAT) LTD. and
MURRAY CHEVROLET CADILLAC MEDICINE HAT
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Calgary, Alberta on November 27, 2008)
RYER J.A.
[1] This is an application for judicial review of a decision of the Canadian International Trade Tribunal in relation to a complaint made by Davis Pontiac Buick GMC (Medicine Hat) Limited (“Davis”).The complaint relates to a contract for the supply, services and maintenance of military vehicles that was awarded to Murray Chevrolet Cadillac (Medicine Hat) Ltd.
[2] In this application, the Attorney General contests the decision of the Tribunal with respect to the merits of the complaint.
[3] In view of the decision that we have rendered in Court file A-102-08, in which we found that the Tribunal lacked jurisdiction to hear the complaint, it follows that the decision of the Tribunal in relation to the merits of the complaint must be set aside.
[4] Accordingly, the application for judicial review will be allowed without costs and the decision of the Tribunal will be set aside.
“C. Michael Ryer”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-223-08
STYLE OF CAUSE: Attorney General of Canada
v. Davis Pontiac Buick GMC
(Medicine Hat) Ltd. and Murray
Chevrolet Cadillac Medicine Hat
PLACE OF HEARING: Calgary, Alberta
DATE OF HEARING: November 27, 2008
REASONS FOR JUDGMENT OF THE COURT BY: (LINDEN RYER TRUDEL JJ.A.)
DELIVERED FROM THE BENCH BY: RYER J.A.
APPEARANCES:
David M. Attwater
FOR THE APPLICANT
Kent R. Anderson, Q.C.
No Appearance
FOR THE RESPONDENT
Davis Pontiac Buick GMC
(Medicine Hat) Ltd.
FOR THE RESPONDENT
Murray Chevrolet Cadillac Medicine Hat
SOLICITORS OF RECORD:
John H. Sims, Q.C.
Deputy Attorney General of Canada
FOR THE APPLICANT
Miller Thomson LLP
Calgary, Alberta
No Appearance
FOR THE RESPONDENT
Davis Pontiac Buick GMC
FOR THE RESPONDENT
Murray Chevrolet Cadillac Medicine Hat