Canada (Attorney General) c. McNally Construction Inc., 2002 FCA 184 (2002)

Recueil des arrêts de la Cour fédérale

Canada (Procureur général) c. McNally Construction Inc. (C.A.) [2002] 4 C.F. 633

Date: 20020509

Docket: A-7-02

Neutral citation: 2002 FCA 184

CORAM: STONE J.A.

SEXTON J.A.

SHARLOW J.A.

BETWEEN:

THE ATTORNEY GENERAL OF CANADA

Applicant

and

McNALLY CONSTRUCTION INC. and ABCO INDUSTRIES LIMITED

Respondents

and

CANADIAN INTERNATIONAL TRADE TRIBUNAL

Intervener

Heard at Ottawa, Ontario, on April 17, 2002.

Judgment delivered at Ottawa, Ontario, on Thursday, May 9, 2002.

REASONS FOR JUDGMENT BY: STONE J.A.

CONCURRED IN BY: SEXTON J.A.

SHARLOW J.A.

Date: 20020509

Docket: A-7-02

Neutral citation: 2002 FCA 184

CORAM: STONE J.A.

SEXTON J.A.

SHARLOW J.A.

BETWEEN:

THE ATTORNEY GENERAL OF CANADA

Applicant

and

McNALLY CONSTRUCTION INC. and ABCO INDUSTRIES LIMITED

Respondents

and

CANADIAN INTERNATIONAL TRADE TRIBUNAL

Intervener

REASONS FOR JUDGMENT

STONE J.A.

[1] This is an application to review and set aside a decision of the Canadian International Trade Tribunal (the "Tribunal") dated December 6, 2001, made pursuant to subsection 30.14(2) of the Canadian International Trade Tribunal Act , R.S.C. 1985, c. 47 (4 th Supp.) (the "Act"), with respect to the procurement by the Department of Public Works and Government Services (DPWGS) on behalf of the Department of Fisheries and Oceans pursuant to the Agreement on Internal Trade (AIT) for the construction of a jet-propelled patrol boat for use in the coastal waters of the Maritime provinces during all seasons of the year.

INTRODUCTION

[2] The respondent McNally Construction Inc. was an unsuccessful bidder on this procurement. On September 7, 2001, McNally filed a complaint with the Tribunal alleging that contrary to Articles 506(6) of the AIT, 1015(4)(d) of the North Amer...

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