Systèmes Equinox Inc. v. Canada (Public Works and Government Services)
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Systèmes Equinox Inc. v. Canada (Public Works and Government Services) Court (s) Database Federal Court of Appeal Decisions Date 2009-10-21 Neutral citation 2009 FCA 305 File numbers A-163-09 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20091021 Docket: A-163-09 Citation: 2009 FCA 305 CORAM: BLAIS C.J. SHARLOW J.A. LAYDEN-STEVENSON J.A. BETWEEN: LES SYSTÈMES EQUINOX INC. Applicant and MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA and ATTORNEY GENERAL OF CANADA Respondents Heard at Ottawa, Ontario, on October 21, 2009. Judgment delivered from the Bench at Ottawa, Ontario, on October 21, 2009. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20091021 Docket: A-163-09 Citation: 2009 FCA 305 CORAM: BLAIS C.J. SHARLOW J.A. LAYDEN-STEVENSON J.A. BETWEEN: LES SYSTÈMES EQUINOX INC. Applicant and MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA and ATTORNEY GENERAL OF CANADA Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on October 21, 2009) SHARLOW J.A. [1] Les Systèmes Equinox Ltd. (“Equinox”) has applied for judicial review of the decision of the Canadian International Trade Tribunal dated March 12, 2009. Equinox submits that the decision of the Tribunal was unreasonable insofar as the Tribunal concluded that the Equinox bid was non-compliant. [2] We are not persuaded that the decision is unreasonable. We note in particular that the Tribunal’s interpretation of the mandatory require…
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Systèmes Equinox Inc. v. Canada (Public Works and Government Services) Court (s) Database Federal Court of Appeal Decisions Date 2009-10-21 Neutral citation 2009 FCA 305 File numbers A-163-09 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20091021 Docket: A-163-09 Citation: 2009 FCA 305 CORAM: BLAIS C.J. SHARLOW J.A. LAYDEN-STEVENSON J.A. BETWEEN: LES SYSTÈMES EQUINOX INC. Applicant and MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA and ATTORNEY GENERAL OF CANADA Respondents Heard at Ottawa, Ontario, on October 21, 2009. Judgment delivered from the Bench at Ottawa, Ontario, on October 21, 2009. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20091021 Docket: A-163-09 Citation: 2009 FCA 305 CORAM: BLAIS C.J. SHARLOW J.A. LAYDEN-STEVENSON J.A. BETWEEN: LES SYSTÈMES EQUINOX INC. Applicant and MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA and ATTORNEY GENERAL OF CANADA Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on October 21, 2009) SHARLOW J.A. [1] Les Systèmes Equinox Ltd. (“Equinox”) has applied for judicial review of the decision of the Canadian International Trade Tribunal dated March 12, 2009. Equinox submits that the decision of the Tribunal was unreasonable insofar as the Tribunal concluded that the Equinox bid was non-compliant. [2] We are not persuaded that the decision is unreasonable. We note in particular that the Tribunal’s interpretation of the mandatory requirements of the Request for Proposal was based on a methodology that was acceptable and not inconsistent with Article 506(6) of the Agreement on Internal Trade [Canada Gazette, Part I, Vol. 129, No. 17 (29 April 1995)]. This application will be dismissed with costs. “K. Sharlow” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-163-09 STYLE OF CAUSE: Les Systèmes Equinox Inc. and Minister of Public Works and Government Services Canada and Attorney General of Canada PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: October 21, 2009 REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J. SHARLOW J.A. LAYDEN-STEVENSON J.A. DELIVERED FROM THE BENCH BY: SHARLOW J.A. APPEARANCES: Gordon LaFortune FOR THE APPLICANT David Attwater FOR THE RESPONDENT SOLICITORS OF RECORD: Gordon LaFortune Barrister & Solicitor Ottawa, Ontario FOR THE APPLICANT David Attwater Barrister & Solicitor Ottawa, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca