Foreign Trade
Judicial review of Canadian International Trade Tribunal’s decision denying motion to dismiss complaint relating to contract for supply, service, maintenance of military vehicles on ground Tribunal lacking jurisdiction to hear complaint—Whether contract awarded to respondent Murray Chevrolet Cadillac Medicine Hat constituting designated contract—Only government institutions may award such contracts—Tribunal lacking jurisdiction to hear complaint unless entity that awarded contract government institution—Contract at issue awarded by Department of National Defence (DND) in its capacity as agent for British Army Training Unit Suffield (BATUS)—Where agency relationship existing, procurement actions of agent, including awarding of contract, principal’s actions, not agent’s—Since BATUS not government institution, contract herein not designated contract—Tribunal not having jurisdiction to hear complaint—Application allowed.
Canada (Attorney General) v. Davis Pontiac Buick GMC (Medicine Hat) Ltd. (A-102-08, 2008 FCA 378, Ryer J.A., judgment dated November 27, 2008, 7 pp.)