BETWEEN:
and
Heard at Ottawa, Ontario, on February 12, 2008.
Judgment delivered from the Bench at Ottawa, Ontario, on February 12, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A.
Docket: A-258-07
Citation: 2008 FCA 57
CORAM: NOËL J.A.
SHARLOW J.A.
PELLETIER J.A.
BETWEEN:
SURESPAN CONSTRUCTION LTD.
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on February 12, 2008)
[1] We are of the view that there is no reason for us to intervene in the decision of the CITT. The applicant asked the CITT to commence an inquiry into the rejection of its bid for the construction of a bridge because the face page of the bid was not signed by an authorized official of the applicant as required by Tender documents. The CITT declined to embark upon an inquiry and dismissed the complaint summarily. It was argued before us that an inquiry would lead to consideration of whether the Government appropriately exercise the discretion which it had pursuant to the tender documents to waive minor irregularities in the tenders.
[2] There is no basis upon which the CITT's decision could be set aside. The question is one which is squarely within its expertise. It concluded that the presence of a signature was mandatory. In our view the necessary implication which flows from that conclusion is that the CITT did not consider the absence of a signature to be a minor irregularity. The application will be dismissed with costs fixed at $2,000 inclusive of disbursements and taxes.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-258-07
STYLE OF CAUSE: SURESPAN CONSTRUCTION LTD. v. ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: February 12, 2008
REASONS FOR JUDGMENT OF THE COURT BY: NOËL, SHARLOW, PELLETIER JJ.A.
DELIVERED FROM THE BENCH BY: PELLETIER J.A.
APPEARANCES:
|
Derek Leschinsky |
FOR THE APPLICANT
|
|
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Ottawa, Ontario
|
FOR THE APPLICANT
|
|
Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE RESPONDENT
|