Rarotonga, 2010

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Notice - Common Law

. Sigma Risk Management Inc. v. Canada (Attorney General)

In Sigma Risk Management Inc. v. Canada (Attorney General) (Fed CA, 2022) the Federal Court of Appeal considered on judicial review whether a tribunal had a duty to notify a party of their right to an 'inquiry' (akin to an appeal), and the timeline that applied to it, when making a decision - notwithstanding that the parent statute did not require it:
[6] Sigma takes issue with the fact that Public Works waited until January 25, 2021 to advise them of their right to file a complaint with the Tribunal. However, they did not raise this argument before the Tribunal. That alone is sufficient to dispose of the argument, as a reviewing court is loathe to hear new arguments on judicial review that could have, but were not, raised before the administrative decision-maker: Alberta (Information and Privacy Commissioner) v. Alberta Teachers’ Association, 2011 SCC 61, [2011] 3 S.C.R. 654 at para. 23.

[7] Moreover, neither the Canadian International Trade Tribunal Act, R.S.C. 1985, c. 47 (4th Supp.) nor the Regulations require Public Works to inform unsuccessful suppliers of their rights to recourse. As stated by this Court in IBM Canada Ltd. v. Hewlett Packard (Canada) Ltd., 2002 FCA 284, 291 N.R. 262 (at para. 17) and repeatedly reiterated by the Tribunal, in procurement matters, time is of the essence. It is for the bidders and potential suppliers to exercise caution, to remain vigilant throughout the procurement process and to react promptly to any perceived flaws in the process. This duty to remain vigilant includes a duty to seek out and understand the legal rights in relation to the tendering process and to file a complaint with the Tribunal.


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