Mil Systems v. Canada ( International Trade Tribunal )
A-710-99
Strayer J.A.
17/12/99
6 pp.
Application for interim injunction prohibiting further performance of alleged contract pending hearing of judicial review application-Applicants filing complaint with Canadian International Trade Tribunal (CITT) identification of Siemens Westinghouse Inc. by Minister as successful bidder violation of Agreement on Internal Trade-Complaint requested CITT to postpone awarding of contract-As CITT's position "contract" already "awarded", declining to postpone award-Applicants filing application for judicial review seeking order requiring CITT to redetermine whether contract awarded-Application for interim injunction dismissed-(1) Serious issue raised as to whether transaction between Siemens, Minister constituted award of contract-Interim remedy would not be final determination of ultimate entitlement to contract, but would merely postpone continuation of performance of alleged contract-As injunction sought against Minister, not Crown, within permissible judicial review under Federal Court Act, s. 18(1)-If allegation in complaint substantiated, argument Minister acted contrary to requirements of Agreement on Internal Trade Implementation Act plausible, Minister would not enjoy Crown immunity-(2) With respect to irreparable harm, little to choose between applicants, respondent Siemens-Both producing evidence of harm will suffer in keeping, hiring skilled people to perform such contract-Applicants foreseeing harm to reputation, but CITT can recommend remedies including compensation under Canadian International Trade Tribunal Act, s. 30.15(2); applicants might have action for breach of contract against government-Court unable to say either side would suffer injuries not compensable in damages-(3) Balance of convenience fairly even-Court exercising discretion against grant of interim injunction to best preserve status quo-Normally should not be judicial review of interlocutory orders of tribunals-Issue whether interlocutory order of CITT refusing to order postponement of award of contract can be addressed appropriately in judicial review proceedings-Agreement on Internal Trade Implementation Act, S.C. 1996, c. 17-Federal Court Act, R.S.C., 1985, c. F-7, s. 18(1) (as am. by S.C. 1990, c. 8, s. 4)-Canadian International Trade Tribunal Act, R.S.C., 1985 (4th Supp.), c. 47, s. 30.15 (as enacted by S.C. 1993, c. 44, s. 44).