TUNDRA TECHNICAL SOLUTIONS INC.
v.
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES
File No. PR-2017-047

Order issued
Monday, February 19, 2018

 

IN THE MATTER OF a complaint filed by Tundra Technical Solutions Inc. pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.);

AND FURTHER TO a decision of the Canadian International Trade Tribunal to conduct an inquiry into the complaint pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act;

AND FURTHER TO a request filed by Mr. David Mckernan on behalf of Tundra Technical Solutions Inc. to withdraw the complaint.

BETWEEN

TUNDRA TECHNICAL SOLUTIONS INC. - Complainant

AND

THE DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES - Government Institution

ORDER

IN THE MATTER OF a complaint filed on January 11 and 12, 2018, on behalf of Tundra Technical Solutions Inc. (Tundra) pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act;

AND FURTHER TO a decision of the Canadian International Trade Tribunal, on January 15, 2018, to conduct an inquiry into the complaint pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act;

WHEREAS, on February 16, 2018, Mr. David Mckernan, on behalf of Tundra, informed the Canadian International Trade Tribunal that Tundra wished to withdraw its complaint;

AND WHEREAS subsection 30.13(5) of the Canadian International Trade Tribunal Act provides that, if it is of the opinion that the complaint is, inter alia, trivial, the Canadian International Trade Tribunal may cease the inquiry;

AND WHEREAS the Canadian International Trade Tribunal finds that the recent developments noted above have rendered the complaint trivial;

AND WHEREAS, for these reasons, the Canadian International Trade Tribunal deems it appropriate, in the present case, to cease the inquiry;

THEREFORE, pursuant to subsection 30.13(5) of the Canadian International Trade Tribunal Act, the Canadian International Trade Tribunal hereby ceases its inquiry;

AND FURTHER, in accordance with the Procurement Costs Guideline, the Canadian International Trade Tribunal makes the preliminary indication that no costs shall be awarded to either party;

WHEREAS, if any party disagrees with the preliminary indication of the cost award, it may make submissions to the Canadian International Trade Tribunal in accordance with the time frames provided for in article 4.2 of the Procurement Costs Guideline;

AND FURTHER, the Canadian International Trade Tribunal reserves jurisdiction to establish the final amount of the cost award, if any.

Peter Burn -
Peter Burn
Presiding Member