Federal Court of Appeal Decisions

Decision Information

Decision Content



Date: 20000118


Docket: A-710-99


CORAM:      STRAYER J.A.

         NOËL J.A.

         SHARLOW J.A.

BETWEEN:


MIL SYSTEMS, a Division of Davie Industries Inc.

And FLEETWAY INC.


Applicants


- and -


the MINISTER OF PUBLIC WORKS AND

GOVERNMENT SERVICES CANADA

and SIEMENS WESTINGHOUSE INC.


Respondents


- and -


CANADIAN INTERNATIONAL TRADE TRIBUNAL


Intervener




Heard at Ottawa, Ontario on Tuesday, January 18, 2000


Delivered from the Bench at Ottawa, Ontario on Tuesday, January 18, 2000




REASONS FOR JUDGMENT OF THE COURT BY:      NOËL J.A.



Date: 20000118


Docket: A-710-99


CORAM:      STRAYER J.A.

         NOËL J.A.

         SHARLOW J.A.

BETWEEN:


MIL SYSTEMS, a Division of Davie Industries Inc.

and FLEETWAY INC.

Applicants

- and -

the MINISTER OF PUBLIC WORKS AND

GOVERNMENT SERVICES CANADA

and SIEMENS WESTINGHOUSE INC.

Respondents

- and -

CANADIAN INTERNATIONAL TRADE TRIBUNAL

Intervener


     REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario on

Tuesday, January 18, 2000)

NOËL J.A.

[1]      The applicants seek judicial review of an interlocutory decision of the Canadian International Trade Tribunal rendered on October 29, 1999, whereby it declined to issue a postponement of award order further to a complaint filed pursuant to section 30.11 and following of the Canadian International Trade Tribunal Act.1

[2]      It is well established that interlocutory decisions of administrative tribunals are not to be made the subject of immediate judicial review in the absence of special circumstances.2 We are all of the view that no such circumstance exist here. Specifically, it seems clear to us, having regard to the manner in which the applicants framed their complaint that the Tribunal cannot be said to have exceeded or refused to exercise its jurisdiction in deciding as it did. Furthermore, that the grant of the remedy sought by the applicants may not result in a postponement of the proceedings before the Tribunal is speculative in nature and, in any event, is not in itself, a circumstance which would justify the immediate review of the decision in issue.

[3]      The application will be dismissed with costs.




"Marc Noël"

J.A.

__________________

1 R.S. 1985, c. 47 (4th Supp.).

2 Szczecka v. Canada (M.E.I.) (1993), 116 D.L.R. (4th) 333 (F.C.A.); Ipsco Inc. v. Sollac, Aciers D"Unisor [1999] F.C.J. No. 910 (F.C.A.); Sears Canada Inc. v. Southwest Regional Coroner (1997), 102 O.A.C. 60 (Div. Ct.).

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.