Date: 20020122
BETWEEN:
TELUS INTEGRATED COMMUNICATION INC.
Applicant
and
THE ATTORNEY GENERAL OF CANADA
and BCE NEXXIA INC.
Respondents
Heard at Ottawa, Ontario, on January 22, 2002.
Judgment delivered from the Bench at Ottawa, Ontario, on January 22, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
CORAM: RICHARD C.J.
BETWEEN:
TELUS INTEGRATED COMMUNICATION INC.
Applicant
and
THE ATTORNEY GENERAL OF CANADA
and BCE NEXXIA INC.
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario
on January 22, 2002.)
RICHARD C.J.
[1] In light of the evidence and, in particular, Telus' response to the request for clarification, it was open to the CITT to conclude that the evaluation procedure was not breached and that the Telus complaint was not valid.
[2] Accordingly, the application for judicial review will be dismissed with costs to both respondents.
"J. Richard"
Chief Justice
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-788-00
STYLE OF CAUSE: Telus Integrated Communication Inc. v. The Attorney General of Canada and BCE Nexxia Inc.
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: January 22, 2002
REASONS FOR JUDGMENT OF THE COURT: Richard, C.J. Strayer, J.A. Noël, J.A.
RENDERED FROM THE BENCH BY: Richard. C.J.
APPEARANCES:
Ms. Barbara A. Mclsaac, Q.C.
Mr. Kris Klein for the Applicant
Ms. Anne M. Turley
Mr. Michael Roach for the Respondent (A.G.C.)
Mr. Ronald D. Lunau
Ms. Phuong Ngo for the Respondent (BCE-Nexxia Inc.)
SOLICITORS OF RECORD:
McCarthy Tétrault for the Applicants Ottawa, Ontario
Mr. Morris Rosenberg for the Respondent Deputy Attorney General of Canada
Ottawa, Ontario
Gowling Lafleur Henderson L.L.P. for the Respondent (BCE-Nexxia Inc.) Ottawa, Ontario