The Court allowed an application for judicial review of a decision of the Canadian International Trade Tribunal (“Tribunal”) which upheld two procurement complaints advanced by Trust Business Systems (“Trust”). The Court held that there was no evidence to support a finding that a “no substitute clause” was done for the purpose of avoiding competition and discriminating between suppliers, and there was clear evidence that this clause related to legitimate operational requirements. The conclusion of the Tribunal was therefore patently unreasonable.
Administrative law – Decisions of administrative tribunals – International Trade Tribunal – Interpretation of Evidence – Terms of agreement – Procurements – Suppliers – Discrimination – Judicial review – Standard of review – Reasonableness simpliciter Canada (Attorney General) v. Trust Business Systems, [2007] F.C.J. No. 379, Federal Court of Appeal, March 6, 2007, Nadone, Malone and ...