Case information
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41140
Thales DIS Canada Inc. v. Ontario (Minister of Transportation, Minister of Health, Minister of Government and Consumer Services, Minister of Finance – Ontario Digital Services) and the Attorney General of Ontario
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
---|---|---|
2024-10-25 | Close file on Leave | |
2024-10-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2024-10-24 | Judgment on leave sent to the parties | |
2024-10-24 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-22-CV-0357, 2023 ONCA 866, dated December 29, 2023, is dismissed with costs. Dismissed, with costs |
|
2024-07-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
2024-04-12 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-04-15) | Thales DIS Canada Inc. |
2024-04-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-04-16, (Printed version filed on 2024-04-15) | Thales DIS Canada Inc. |
2024-04-02 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-04-02) | Ontario (Minister of Transportation, Minister of Health, Minister of Government and Consumer Services, Minister of Finance – Ontario Digital Services) and the Attorney General of Ontario |
2024-04-02 | Notice of name, (Letter Form), (Printed version filed on 2024-04-02) | Ontario (Minister of Transportation, Minister of Health, Minister of Government and Consumer Services, Minister of Finance – Ontario Digital Services) and the Attorney General of Ontario |
2024-04-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-04-12, (Printed version filed on 2024-04-02) | Ontario (Minister of Transportation, Minister of Health, Minister of Government and Consumer Services, Minister of Finance – Ontario Digital Services) and the Attorney General of Ontario |
2024-02-29 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2024-02-29; | |
2024-02-27 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-02-28) | Thales DIS Canada Inc. |
2024-02-27 | Notice of name, (Book Form), (Printed version filed on 2024-02-28) | Thales DIS Canada Inc. |
2024-02-27 |
Application for leave to appeal, (Book Form), Missing: -CA order;, Completed on: 2024-07-03, (Printed version filed on 2024-02-28) |
Thales DIS Canada Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
Name | Role | Status |
---|---|---|
Thales DIS Canada Inc. | Applicant | Active |
v.
Name | Role | Status |
---|---|---|
Ontario (Minister of Transportation, Minister of Health, Minister of Government and Consumer Services, Minister of Finance – Ontario Digital Services) and the Attorney General of Ontario | Respondent | Active |
Counsel
Party: Thales DIS Canada Inc.
Counsel
Nabila Abdul Malik
Maria Braker
Marcia Mills
Alexandra Logvin
55 Metcalfe Street
Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: pmantas@fasken.com
Agent
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Party: Ontario (Minister of Transportation, Minister of Health, Minister of Government and Consumer Services, Minister of Finance – Ontario Digital Services) and the Attorney General of Ontario
Counsel
Andi Jin
Jacob Eidinger
Crown Law Office - Civil
720 Bay Street - 8th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 407-4904
FAX: (416) 326-4181
Email: william.maclarkey@ontario.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Administrative law — International trade — Canada — European Union Comprehensive Economic and Trade Agreement — Jurisdiction — Standard of review — Supplier from European Union challenging a requirement in an Ontario request for bids that production take place in Canada —Administrative decision-maker’s decision dismissing supplier’s complaint — Divisional Court quashing both request for bids and administrative decision-maker’s decision — Court of Appeal allowing appeal — What is the proper approach to examining Canada’s compliance with international trade obligations in administrative and judicial review? — Whether Ontario breached its duty under a trade agreement to provide an impartial and independent domestic review process for claims — If so, what are the consequences of such a breach?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In 2021, Ontario’s Ministry of Transportation issued a request for bids for the production of identification cards. The request for bids included a requirement that production take place in Canada. The applicant, Thales DIS Canada Inc. (“Thales”), bid on the project and proposed to produce the card stock at a manufacturing plant in Poland. Thales challenged the requirement that the card stock be produced in Canada through an internal bid review process within the Ontario government. Thales argued that the requirement breached Canada’s non-discrimination obligations under the Canada-European Union Comprehensive Economic and Trade Agreement (“CETA”). The decision following the internal bid review process dismissed Thales’s complaint on the basis that the requirement fit within the public safety exception under CETA and also rejected Thales’s position that the Ontario government failed to implement a proper dispute resolution process under CETA. Thales brought an application for judicial review, challenging both the decision dismissing its complaint and the request for bids itself. The Divisional Court granted the application for judicial review. The Ontario Court of Appeal allowed Ontario’s appeal and dismissed Thales’s application for judicial review. It held that the majority of the Divisional Court erred in its application of the reasonableness standard of review by improperly deciding the issue afresh. Applying the reasonableness standard of review, the Court of Appeal held that the decision was reasonable. In addition, it held that the request for bids was not subject to judicial review.
Lower court rulings
Applicant’s application for judicial review granted; both request for bids and decision on applicant’s complaint quashed
Appeal allowed; applicant’s application for judicial review dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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