TPG Technology Consulting Ltd. v. Canada (Travaux publics et Services gouvernementaux), 2007 CAF 291 (2007)
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TPG Technology Consulting Ltd. v. Canada (Travaux publics et Services gouvernementaux), 2007 CAF 291 (2007)
Date: 20070918
Docket: A-193-07Citation: 2007 FCA 291CORAM: DESJARDINS J.A.LINDEN J.A.NOËL J.A.BETWEEN:TPG TECHNOLOGY CONSULTING LTD.ApplicantandTHE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICESand CGI GROUP INC.Respondent sHeard at Ottawa, Ontario , on September 5, 2007.Judgment delivered at Ottawa, Ontario , on September 18, 2007.REASONS FOR JUDGMENT BY: DESJARDINS J.A.CONCURRED IN BY: LINDEN J.A.NOËL J.A.Date: 20070918Docket: A-193-07Citation: 2007 FCA 291CORAM: DESJARDINS J.A.LINDEN J.A.NOËL J.A.BETWEEN:TPG TECHNOLOGY CONSULTING LTD.ApplicantandTHE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICESand CGI GROUP INC.RespondentsREASONS FOR JUDGMENTDESJARDINS J.A.[1] The Canadian International Trade Tribunal (CITT or the Tribunal) dismissed as time-barred a procurement complaint filed by the applicant (TPG) against Public Works and Government Services Canada (PWGSC). The decision was based on subsections 6(1) and (2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations , S.O.R./93-602 (the Regulations) adopted pursuant to the Canadian International Trade Tribunal Act , R.S.C. 1985 (4 th Supp.), c. 47, s. 40 (CITT Act or the Act).[2] The issue pertains to whether the Tribunal should have considered the quality of the factual basis required to trigger the application of subsections 6(1) and (2) of the Regulations and whether it erred in not addressing this matter which is preliminary to the decision to be made.[3] On June 7, 2007, the Federal Court of Appeal granted an interim order (Docket A-193-07) prohibiti...See the full content of this document
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