Pacific Northwest Raptors Ltd. v. Canada (Attorney General)
PACIFIC NORTHWEST RAPTORS LTD.
Law Firm / Organization
Conlin Bedard LLP
Lawyer(s)

R. Benjamin Mills

ATTORNEY GENERAL OF CANADA
Law Firm / Organization
Lenczner Slaght LLP
Lawyer(s)

Margaret Robbins

FALCON ENVIRONMENTAL INC.
  • Background: The case involved judicial review applications by Pacific Northwest Raptors Ltd. regarding decisions of the Canadian International Trade Tribunal (CITT). The disputes arose from a contract award for aerodrome wildlife control services at Canadian Forces Base Trenton and Detachment Mountain View.

  • CITT Decisions:

    • The CITT found Falcon Environmental Inc.'s complaints valid, recommending that the contract awarded to Northwest Raptors be terminated and given to Falcon.
    • In a subsequent decision, the CITT advised re-evaluating Northwest Raptors' bid in light of a third complaint.
  • Northwest Raptors' Arguments: They challenged the CITT's decisions, claiming breaches of procedural fairness and questioning the reasonableness of the decisions.

  • Court's Analysis:

    • Procedural Fairness: The Court found no breach of procedural fairness in the CITT's handling of the complaints.
    • Mandatory Criterion M2: The Court held that the CITT's conclusion on non-compliance with this criterion was reasonable.
    • Remedy: The Court supported the CITT's recommendation, dismissing arguments for re-solicitation of the contract.
  • Decision and Costs:

    • Both judicial review applications were dismissed.
    • The application in file A-285-20 was dismissed with costs.
    • The application in file A-27-21 was dismissed without costs.
  • Conclusion: The Court affirmed the CITT's decisions, emphasizing the reasonableness of their evaluations and the appropriateness of the remedies recommended. No amount specified for costs.

Federal Court of Appeal
A-285-20
Administrative law
Respondent