CROWN |
Contracts |
Novell Canada Ltd. v. Canada (Minister of Public Works and Government Services)
A-481-99
Rothstein J.A.
26/5/99
3 pp.
Application for judicial review of Canadian International Trade Tribunal's (CITT) decision of July 1999 recommending HRDC terminate contract for 600 Microsoft NT server licences and that HRDC's requirement for contingent technical alternative to its Network Operating System be competed--Applicant arguing CITT declined to exercise jurisdiction to determine whether government respondents engaging in contract splitting so as to avoid obligations under various international agreements--Contract at issue involved provision of software licences for Y2K purposes--Minister of DPWGSC informed CITT that Department would not be implementing recommendation as not possible to conduct competition and to install back-up operating system by 31/12/99--On 1/1/00, respondent had no further need for licences--On 31/1/00, T.D. Judge issued order application withdrawn in view of government's undertaking licences would not be used and would forthwith be donated to public school education for use within such program only or destroyed--Appeal dismissed--As no designated contract within CITT Act, s. 30.1(1) at issue, CITT without jurisdiction to enter into any procurement process inquiry--Canadian International Trade Tribunal Act, R.S.C., 1985 (4th Supp.), c. 47, s. 30.1(1)--North American Free Trade Agreement Implementation Act, S.C. 1993, c. 14--World Trade Organization Agreement Implementation Act, S.C. 1994, c. 47--Agreement on International Trade Implementation Act, S.C. 1996, c. 17.