Digests

Decision Information

Decision Content

INTERNAL TRADE

Judicial review of Canadian International Trade Tribunal’s dismissal of procurement complaint as time‑barred—Tribunal holding applicant aware of basis of ground of complaint when unnamed public servant unofficially informed applicant technical evaluation results being reconfirmed—Contrary to Canadian International Trade Tribunal Act, R.S.C., 1985 (4th Supp.), c. 47, s. 30.11(2)(c), no factual ground on which Tribunal could determine starting point of limitation period—Fairness, openness, impartiality required authorized line of communication if process to meet purposes of Act—Tribunal acted in patently unreasonable manner by not addressing this issue and in treating reply to applicant’s objection to appointment of individual because of perceived conflict of interest, as denial of relief—Procurement process beginning when Request For Proposal (RFP) issued—Objection made before RFP issued—Application allowed.

TPG Technology Consulting Ltd. v. Canada (Minister of Public Works and Government Services) (A‑193‑07, 2007 FCA 291, Desjardins J.A., judgment dated 18/9/07, 18 pp.)

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