ATTORNEY GENERAL OF CANADA Applicant v. 4PLAN, 2016 FCA 24

Date: 20160126 Docket: A-136-15 Citation: 2016 FCA 24 CORAM: NOËL C.J. GAUTHIER J.A. WEBB J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and 4PLAN CONSULTING INC. Respondent Heard at Ottawa, Ontario, on January 26, 2016. Judgment delivered from the Bench at Ottawa, Ontario, on January 26, 2016. REASONS FOR JUDGMENT OF THE COURT BY: NOËL C.J. Date: 20160126 Docket: A-136-15 Citation: 2016 FCA 24 CORAM: NOËL C.J. GAUTHIER J.A. WEBB J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and 4PLAN CONSULTING INC.

Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on January 26, 2016). NOËL C.J. [ 1 ] This is an application for judicial review by the Attorney General of Canada (Attorney General) directed against a decision of the Canadian International Trade Tribunal (the Tribunal) (PR-2014-030) wherein it was determined that the complaint brought by 4Plan Consulting Inc. (4Plan) against a procurement process was in

part valid and ordered that 4Plan be compensated. [ 2 ] The Attorney General originally took issue with both the finding that the complaint was in

part valid and the remedy awarded. The attack relating to the remedy was not pursued during the hearing. As to the remaining issue, the case law establishes and the parties agree that reasonableness is the standard against which the finding that the complaint was, in

part valid, must be addressed. [ 3 ] Applying this standard we can find no reviewable error in the reasons advanced by the tribunal for upholding the complaint with respect to all the projects but one. It suffices to say that the arguments put forward by the Attorney General either fail to address the

actual grounds on which the tribunal’s decision was rendered or misconstrue the tribunal’s reasons. [ 4 ] The application for judicial review will be dismissed with costs. "Marc Noël" Chief Justice FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-136-15 STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v. 4PLAN CONSULTING INC. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: January 26, 2016 REASONS FOR JUDGMENT OF THE COURT BY: NOËL C.J. GAUTHIER J.A. WEBB J.A. DELIVERED FROM THE BENCH BY: NOËL C.J. APPEARANCES : Ms. Talitha A. Nabbali For The Applicant Mr.

Benjamin Mills For The Respondent SOLICITORS OF RECORD : William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario For The Applicant Conlin Bedard LLP Barristers and Solicitors Ottawa, Ontario For The Respondent