Date: 20050906
Docket: A-299-04
Neutral citation: 2005 FCA 286
CORAM: SEXTON J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
CSI CONSULTING INC.
Respondent
Heard at Ottawa, Ontario, on September 6, 2005.
Judgment delivered from the Bench at Ottawa, Ontario, on September 6, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20050906
Docket: A-299-04
Neutral citation: 2005 FCA 286
CORAM: SEXTON J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
CSI CONSULTING INC.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario
on September 6, 2005.)
[1] This is an application for judicial review by the Attorney General of Canada to set aside a decision of the Canadian International Trade Tribunal ("CITT"), dated May 3, 2004, and reported as Re CSI Consulting Inc., [2004] C.I.T.T. No. 54. In this decision, the CITT upheld in part a complaint by CSI Consulting Inc. in regard to the award of a contract to a competing bidder and, as a remedy, granted to CSI one-third of the profit that it reasonably might have made if it had obtained the contract.
[2] On our view, the CITT in its reasons found that CSI had met the mandatory requirement concerning security clearance. We are not persuaded that, on the basis of the material before the CITT, this finding was patently unreasonable. Nor are we satisfied that the CITT reached a patently unreasonable conclusion when it found that Public Works and Government Services Canada improperly awarded the contract to the successful bidder by basing its rating assessments on documents not identified in the Request for Proposal.
[3] For these reasons, the application for judicial review will be dismissed with costs.
"John M. Evans"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-299-04
STYLE OF CAUSE: The Attorney General of Canada v.
CSI Consulting Inc.
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: September 6, 2005
REASONS FOR JUDGMENT OF THE COURT:
(Sexton, Evans and Sharlow JJ.A.)
RENDERED FROM THE BENCH BY: Evans J.A.
APPEARANCES:
Derek Rasmussen FOR THE APPLICANT
Yvon Noël FOR THE RESPONDENT
SOLICITORS OF RECORD:
John H. Sims, Q.C.
Deputy Attorney General of Canada
Ottawa, Ontario FOR THE APPLICANT
Yvon Noël
Ottawa, Ontario OFFICER, CSI CONSULTING INC.
ACTING ON BEHALF OF THE RESPONDENT