This is an appeal from a Divisional Court decision that granted judicial review, quashing an administrative decision and a request for bids related to the procurement of identification cards.
The Ministry of Transportation (MTO) required card stock to be produced in Canada, which Thales DIS Canada Inc. (Thales) challenged as discriminatory under the Canada-European Union Comprehensive Economic and Trade Agreement (CETA).
The Divisional Court found the MTO's decision and request for bids unreasonable.
The Court of Appeal allowed the appeal, finding that the Divisional Court misapplied the reasonableness standard of review by conducting a de novo assessment instead of focusing on the administrative decision-maker's reasons.
The Court of Appeal concluded that the Director's decision was reasonable and that the request for bids was not separately subject to judicial review given the existence of an adequate internal dispute resolution process.
