- Reaction score
- 0
- Points
- 410
http://cnews.canoe.ca/CNEWS/Canada/2005/04/06/pf-985137.html
Sea King case going ahead
By MICHAEL TUTTON
HALIFAX (CP) - Canada's Federal Court of Appeal has cleared the way for a full trial over Ottawa's handling of a $5-billion contract to replace the military's fleet of aging Sea King helicopters.
A panel of three Federal Court of Appeal judges ruled late Tuesday evening the case can proceed. It took them less than 10 minutes to consider an appeal launched by lawyers representing the Department of Defence and Sikorsky Aircraft Corp., that argued the issue should not be heard.
AgustaWestland Inc., the leading company in an Italian-British consortium, originally brought allegations of political interference to the Federal Court in Ottawa on Sept. 1, 2004.
The company's bid for its Cormorant helicopters to replace the Sea Kings was rejected this summer in favour of a bid by rival Sikorsky, based in the United States.
Since then, AgustaWestland has taken legal action to force Ottawa to hand it the deal or start the selection process over again.
The initial contract process took over 10 years.
Last October, the federal government and Sikorsky brought motions to strike AgustaWestland's case on the grounds it was too late and that the application should have gone to a federal tribunal that handles procurement disputes.
The Federal Court dismissed the arguments in November, and the federal government and Sikorsky appealed.
On Tuesday, three justices with the Federal Court of Appeal affirmed the lower court's decision.
"The government was trying to strike out AgustaWestland's case and the Federal Court of Appeal has now affirmed that the case may proceed," said Gordon Cameron, the lawyer for the consortium, in an interview on Wednesday morning.
He said lawyers for both sides have been carrying on with cross-examinations of witnesses, and will present written evidence to a Federal Court judge over a seven to 14-day period in June.
In its original 19-page Federal Court application, filed Sept. 1, the company charged that the government's bid evaluation was "biased, unfair and contrary to the rules of the procurement."
It also accused the ruling Liberals of deliberately skewing the selection to avoid picking its EH-101 helicopter, which the Liberal government had rejected as an unaffordable luxury in 1993.
The documents contend that Sikorsky's helicopter faces a major redesign, and won't be ready in time to meet the government's four-year delivery deadline.
None of these allegations has been proven in court.
Lloyd Noseworthy, a spokesman for Sikorsky (NYSE:UTC), has rejected the allegations, saying it will deliver the aircraft on time.
Sea King case going ahead
By MICHAEL TUTTON
HALIFAX (CP) - Canada's Federal Court of Appeal has cleared the way for a full trial over Ottawa's handling of a $5-billion contract to replace the military's fleet of aging Sea King helicopters.
A panel of three Federal Court of Appeal judges ruled late Tuesday evening the case can proceed. It took them less than 10 minutes to consider an appeal launched by lawyers representing the Department of Defence and Sikorsky Aircraft Corp., that argued the issue should not be heard.
AgustaWestland Inc., the leading company in an Italian-British consortium, originally brought allegations of political interference to the Federal Court in Ottawa on Sept. 1, 2004.
The company's bid for its Cormorant helicopters to replace the Sea Kings was rejected this summer in favour of a bid by rival Sikorsky, based in the United States.
Since then, AgustaWestland has taken legal action to force Ottawa to hand it the deal or start the selection process over again.
The initial contract process took over 10 years.
Last October, the federal government and Sikorsky brought motions to strike AgustaWestland's case on the grounds it was too late and that the application should have gone to a federal tribunal that handles procurement disputes.
The Federal Court dismissed the arguments in November, and the federal government and Sikorsky appealed.
On Tuesday, three justices with the Federal Court of Appeal affirmed the lower court's decision.
"The government was trying to strike out AgustaWestland's case and the Federal Court of Appeal has now affirmed that the case may proceed," said Gordon Cameron, the lawyer for the consortium, in an interview on Wednesday morning.
He said lawyers for both sides have been carrying on with cross-examinations of witnesses, and will present written evidence to a Federal Court judge over a seven to 14-day period in June.
In its original 19-page Federal Court application, filed Sept. 1, the company charged that the government's bid evaluation was "biased, unfair and contrary to the rules of the procurement."
It also accused the ruling Liberals of deliberately skewing the selection to avoid picking its EH-101 helicopter, which the Liberal government had rejected as an unaffordable luxury in 1993.
The documents contend that Sikorsky's helicopter faces a major redesign, and won't be ready in time to meet the government's four-year delivery deadline.
None of these allegations has been proven in court.
Lloyd Noseworthy, a spokesman for Sikorsky (NYSE:UTC), has rejected the allegations, saying it will deliver the aircraft on time.