NFC Canada Ltd. v. Canada ( Attorney General )
T-288-99
Lutfy J.
8/4/99
10 pp.
Respondent seeking to strike application for judicial review of PWGSC decision determining applicant's bid for household goods removal services failed to meet financial mandatory requirement and therefore non-responsive or to stay proceeding pending outcome of second application for judicial review before Court of Appeal-Motion to strike alleging abuse of process or duplication of proceedings, in view of applicant's challenge to CITT decision before Court of Appeal-In absence of representations from counsel on relevant provisions of International Agreements and related legislation concerning CITT's scope of review with respect to Government Procedures, would be inappropriate for Court to make any finding on issue, and would be wrong to dismiss summarily application for judicial review, pending judicial determination of scope of CITT's jurisdiction and consequent adequacy of complaint process as alternative remedy-However, this does not mean that two applications for judicial review should move forward simultaneously-While two applications challenge different decisions, in both instances, applicant ultimately seeking to have Department's disqualification of its bid set aside-Substantial overlap between factual issues-This will result in duplication of evidence in both proceedings-Possibility of conflicting decisions, as two applications proceed in first instance in Trial Division and in Court of Appeal respectively, to be avoided-Proper administration of justice requiring application for judicial review in Trial Division be stayed, pending final disposition of one in Court of Appeal.