[2012] 1 F.C.R. D-3
Internal Trade
Motion for summary judgment dismissing action on ground action constituting abuse of process, that plaintiff failing to establish any genuine issue for which trial warranted—Plaintiff bringing action for defendant’s alleged breach of contract, other tortious conduct as result of solicitation process undertaken by Public Works and Government Services Canada (PWGSC) to acquire engineering, technical support (ETS) services for Information Technology Services Branch—Plaintiff incumbent ETS contractor from 1999 to 2007 but unsuccessful in bidding for subsequent contract—Making four complaints to Canadian International Trade Tribunal (CITT)—Despite existence of CITT, Federal Court not lacking jurisdiction to hear plaintiff’s claim—Canadian International Trade Tribunal Act, R.S.C., 1985 (4th Supp.), c. 47 could not have intended to completely insulate defendant from common law actions relating to public procurements—CITT Act not expressly stating that no civil proceedings lying against Crown as in other statutes stating intention explicitly, clearly—CITT Act, procedure followed by CITT suggesting that primary function to determine whether Canada having breached obligations under specified international, domestic trade agreements—CITT not court for resolution of common law claims against defendant—Questions of jurisdiction, issue estoppel murky—Parliament clearly intending most complaints relating to procurement be dealt with through CITT—However, since Federal Court retaining jurisdiction to entertain common law actions against defendant, would seem inconsistent to decide that issue estoppel applying to complaints clearly considered in very specific context not related to common law duties, theories—No genuine issue for trial in present case since plaintiff failing to provide credible evidence such that elements for any claims of actions seeking to try would be established—Evidence speculative at best; proceeding to trial only allowing plaintiff to engage in further fishing expedition at PWGSC’s expense—Motion granted.
TPG Technology Consulting Ltd. v. Canada (T-494-08, 2011 FC 1054, Near J., judgment dated September 7, 2011, 52 pp.)