MLB-Slaw Selected Case Summaries

Here you'll find weekly summaries of selected cases provided to Slaw by Maritime Law Book's National Reporter System.

May 1

Opsis, Gestion D’infrastructure Inc. v. Canada (Minister of Public Works and Government Services) 2012 FCA 42

Trade Regulation - Commissions - Canadian International Trade Tribunal - Jurisdiction

Opsis, Gestion D’infrastructure Inc. (Opsis) filed a complaint under s. 30.11(1) of the Canadian International Trade Tribunal Act, alleging that the Department of Public Works and Government Services (Canada) did not properly evaluate its proposal submitted in response to a request for proposal subject to the Agreement on Internal Trade (AIT). Canada invoked the national security exception in Article 1804 of the AIT. The Canadian International Trade Tribunal declined jurisdiction to conduct an inquiry, finding that the complaint did not concern a designated contract, as prescribed by s. 30.11(1). Opsis applied for judicial review.

The Federal Court of Appeal dismissed the application.

Link to PDF of complete summary

Link to full judgment