In this criminal jury trial ruling, the accused sought to have the defence of mistake of fact put to the jury on bid-rigging charges under s. 47(2) of the Competition Act.
The court held that whether the RFPs were calls for bids or tenders was a question of fact, not law, and applied the air of reality test to determine whether the defence should be left with the jury.
On the totality of the evidence, including uncertainty in the procurement documents and witness evidence, the court found an evidentiary foundation for an honest mistaken belief.
The jury was therefore permitted to consider the mistake of fact defence in relation to the nature of the RFPs.
