Challenging the CITT

• Determinations made by the CITT on procurement complaints are subject to judicial review by the Federal Court of Appeal under section 28 of the Federal Court Act .

However, decisions of the CITT on matters within its specialized jurisdiction will not normally be interfered with by the Court unless "patent unreasonableness" can be demonstrated. The standard of patent unreasonableness is very difficult to meet. The Court will not review the decision or action of the CITT on its merits but will only determine whether such decision or action is patently unreasonable given the statutory provisions governing the CITT and the evidence before it. As a result of this strict standard, it is difficult to set aside a decision of the CITT on matters within its jurisdiction.