Caza Saikaley Prevails at the Federal Court of Appeal

Caza Saikaley Prevails at the Federal Court of Appeal

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On November 22, 2017, the Federal Court of Appeal dismissed the Canada Revenue Agency’s (CRA) application for judicial review in Attorney General of Canada v. The Masha Krupp Translation Group et. al., 2017 FCA 231. In this case, the CRA sought judicial review of a decision by the Canadian International Trade Tribunal (CITT) wherein the Tribunal found the CRA’s bidding process for translation services was unfair. Caza Saikaley represented Masha Krupp Translation Group (MKTG) before the CITT, which awarded damages for lost opportunity and directed the CRA to reissue its Request for Proposals, allowing MKTG to once again vie for the contract.

At issue before the Federal Court of Appeal was whether the CITT exceeded its jurisdiction by allowing MKTG to launch new grounds of complaint in its comments on the “Government Institution Report” (the CRA’s reply to MKTG’s complaint to the CITT) that were not contained in its initial complaint form filed with the CITT. The Court also had to determine whether the CITT violated the CRA’s procedural fairness rights in refusing it an opportunity to file a sur-reply to MKTG’s comments on the GIR. Finally, the Court was asked to assess whether the remedy the CITT recommended was reasonable.

Ronald Caza, Alyssa Tomkins and James Plotkin successfully obtained a dismissal of the Attorney General’s judicial review, with costs. Writing for a unanimous Court and delivering his reasons from the bench, the Honourable Justice David Near held that the CITT did not exceed its jurisdiction, that the CRA’s procedural fairness rights were not violated, and that the recommended remedy was reasonable in light of the facts and the law.

Congratulations to Ron, Alyssa and James on a decisive victory. We would also like to acknowledge Albert Brunet, Caza Saikaley’s articling student, for his hard work and valuable input in preparing research and MKTG’s written submissions.

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