Ellisdon Corporation filed a complaint with the Canadian International Trade Tribunal against Public Works for alleged unfair tender evaluation. The Tribunal found in favor of Ellisdon and recommended negotiation for compensation, with the Tribunal to set the amount if parties failed to agree.
Issues and Decision:
The Attorney General sought to stay his judicial review application of the Tribunal’s decision, arguing it would allow negotiation on compensation and avoid potentially unnecessary judicial proceedings.
The Federal Court of Appeal dismissed the stay motion, finding:
Negotiation between parties does not necessitate a stay.
The scope of compensation was clear and the Tribunal would not decide on this further.
Bifurcation of the Tribunal’s process does not inherently justify a stay, especially when the phases are not inextricably linked.
Analysis:
The court emphasized the importance of proceeding with judicial review to clarify the Tribunal’s authority to recommend compensation, which could affect the necessity and costs of the compensation phase.
Conclusion:
The motion for a stay was dismissed, with the court ruling in favor of proceeding with the judicial review to potentially save resources and clarify legal standing.
