Case Context

• The applicants, Heiltsuk Horizon Maritime Services Ltd. and Horizon Maritime Services Ltd., sought judicial review of a Canadian International Trade Tribunal decision regarding the substitution of ship masters in a contract awarded to Atlantic Towing Limited (ATL) by the Department of Public Works and Government Services.

Key Issues

• The Tribunal initially ruled that the applicants’ complaint about the substitution of masters was invalid, despite concerns about the evaluation process for substitute masters and compliance with contractual requirements.

Court's Decision

• The Federal Court of Appeal allowed the application for judicial review, setting aside the Tribunal's decision and declaring the complaint valid. The Tribunal's conclusion lacked a clear bridge between the evidence and its decision, particularly regarding the compliance of substitute masters with contractual criteria.

Outcome

• The Court awarded costs and declared the complaint valid, emphasizing the importance of proper evidence and evaluation in contractual decisions.