Rising Stars

Public procurement in Canada

Blake, Cassels & Graydon LLP

Blake, Cassels & Graydon LLP fields a dedicated procurement team which caters to clients from both the public and private sectors, including those at federal, provincial and municipal levels. Expertise include compliance and contentious issues and also extends into the development of the procurement process and procurement documentation, specifically for bidders and stakeholders. The practice is led by Toronto based, Judy Wilson who is often sought by clients to oversee contracts which engage private sectors in traditional government service provisions. Marianne Smith‘s expertise includes advising clients on the development and preparation of public tenders and procurement processes. Alyssa Shivji often advises procurement entities and bidders on the procurement process, including fairness issues and risk management.

Responsables de la pratique:

Judy Wilson

Autres avocats clés:

Marianne Smith; Alyssa Shivji

Principaux clients

City of Calgary

City of Toronto

VIA Rail Canada Inc.

City of Winnipeg

Marine Atlantic Inc.

Principaux dossiers

  • Acted for City of Calgary on the development of its Green Line LRT Project, a light rail transit line in Calgary, Alberta, in a deal valued at $5bn.
  • Advised City of Toronto on the rehabilitation of the F.G. Gardiner Expressway, valued at $2.3bn.
  • Retained to act as VIA Rail Canada Inc.’s legal advisor for its Corridor Fleet Replacement Project, aimed at procuring a new bi-directional fleet of 32 trainsets to replace VIA Rail’s fleet operating in the Quebec City-Windsor Corridor on a very tight timeframe.

Cassidy Levy Kent LLP

Cassidy Levy Kent LLP‘s team is often sought by government agencies and private corporations to oversee complex litigation. The team has experience representing clients before many levels of court including the Federal Court, Federal Court of Appeal, Ontario Superior Court of Justice and the Ontario Court of Appeal.  Gerry Stobo is highly-regarded by the federal procurement bar and leverages particular experience advising clients on public procurement challenges before the Canadian Trade Tribunal, whereas Marc McLaren-Caux is best-known for his litigant expertise, representing clients such as Rampart International and Alion Science and Technology Corporation.

Responsables de la pratique:

Gerry Stobo ; Marc McLaren-Caux

Principaux clients

Rampart International Corp.

Alion Science and Technology Corporation, and Alion Science and Technology Canada Corporation

The National Capital Commission

P1 Consulting Inc.

Falcon Environmental Inc.

Horizon Maritime Services Ltd.

European Union

General Dynamics Mission System – Canada

Cadex Inc.

Principaux dossiers

  • Acted as counsel for Rampart International Corporation in a challenge at the Canadian International Trade Tribunal concerning the procurement by the Department of National Defence of new pistols for the Canadian Armed Forces.  
  • Acted for the European Union in co-delivering a presentation on public procurement issues and opportunities to suppliers across Europe in February 2022.
  • Successfully defended a CITT decision on behalf of Falcon Environmental at the Federal Court of Appeal; the CITT decision held that Falcon should be awarded a contract for wildlife management services that was originally awarded to a competitor.

Fasken

The team at Fasken advises clients on all procurement matters, with its expertise at federal level benefits clients seeking advice on high-profile public procurement projects and transactions across Canada. The team is also well-equipped to oversee cross-border procurement matters, having experience acting on US procurements. Peter Mantas heads the practice and often acts as lead litigation procurement counsel in significant public procurements. Marcia Mills is noted for her advice to the federal government on significant defence procurements. Both split their time between Ottawa and Toronto.

Responsables de la pratique:

Peter Mantas

Autres avocats clés:

Marcia Mills; Tom Barlow; Gabrielle Cyr

Les références

‘They have a good understanding the nature of our business and their legal advice is tailored to our needs. We discuss how the matter will be handled and they are very flexible so that time and money is spent wisely.’

‘Marcia Mills is very friendly and personable. Her knowledge of trade law is impressive and she has the ability to convey her knowledge in a very comprehensible fashion.’

Principaux clients

Infrastructure Ontario/ Metrolinx – Ontario Line Subway Project

Government of Canada and Windsor-Detroit Bridge Authority

Bronson Consulting Group

United Kingdom, Department of International Trade

Thales Canada Inc.

Thales DIS Canada Inc.

Principaux dossiers

  • Represented Bronson Consulting Group in a billion dollar case against the government of Canada in which our client won a procurement for the delivery of Canadian visa services around the world.
  • Advised Infrastructure Ontari and Metrolinx on the planning, preparation, procurement and construction processes for the 16km subway project.

Norton Rose Fulbright

The procurement team at Norton Rose Fulbright forms part of its wider infrastructure group. Its vast procurement expertise covers bid preparation including security clearance issues and the creation of procurement policies for both governmental and private sector clients. The team often oversees the full lifespan of projects, including procurement strategy, project structuring, preparation of contracts and post-contract advice. Jay LeMoine  and Martin Masse  co-lead the team from Vancouver and Ottawa respectively.

Responsables de la pratique:

Jay LeMoine ; Martin Masse

Les références

‘Excellent experience and passion to get project right by lead partner Jay LeMoine. Excellent inclusion of other partners.’

 

Principaux clients

Seaspan ULC

PricewaterhouseCoopers

CDPQ Infra

Infrastructure Ontario

TransLink

Metrolinx

Province of BC

Alberta Electric System Operator

SaskBuilds

City of Edmonton

Metro Vancouver (Greater Vancouver Sewage & Drainage District)

Capital Regional District (Greater Victoria)

City of Ottawa

Infrastructure British Columbia

Prince Rupert Port Authority

Fraser Health Authority

BCE Inc.

EMD, Inc.

Vancouver Island Health Authority

Lower Mainland Health Authorities

Toronto Hydro

Partnerships BC

Principaux dossiers

  • Counsel to PricewaterhouseCoopers in a procurement inquiry before the Canadian International Trade Tribunal relating to the award by Public Services and Procurement Canada, of a contract for to the provision of Supply Chain Identification and Risk Assessments of the DND/Canadian Armed Forces defence systems for the Department of National Defence.
  • Acted for Infrastructure Ontario and Metrolinx on the Union Station Enhancement project, which is being procured using the “Alliance” contracting model.
  • Advised Department of Justice on the pre-procurement, procurement and construction and commissioning phases of the proposed 599 Tremblay Road Project – New Federal Office Building Lease-Development-Leaseback (LDLB) in the National Capital Region.

Dentons

The team's expertise at Dentons encompasses public procurement across all government levels including provincial, federal and crown corporations. Matters handled relate to a variety of key industries such as construction, defence, energy and technology. Dedicated procurement expert Paul Lalonde heads the practice from Toronto. His focus lies within international trade and arbitration. Sean Stephenson is a key contact for government contracting law.

Responsables de la pratique:

Paul Lalonde

Autres avocats clés:

Mathilde Carrière ; Sean Stephenson

Principaux clients

Amazon Web Services

Waterfront Toronto

Vancouver Fraser Port Authority

Montréal’s University Health Services Centres CHUM, MUHC, Sainte-Justine UHC

TeamDynamix

VF Worldwide Holdings

West-Can Seal Coating Inc.

FTI Professional Grade Inc.

Tiree Facility Solutions

IBI Group Inc.

Principaux dossiers

  • Represented Amazon Web Services in challenging the implementation of a federal Request for a Supply Arrangement for a Government Contract Centre Services valued at $150m at the Canadian International Trade Tribunal.
  • Represented Tiree Facility Solutions as the successful bidder in the procurement challenge at the Canadian International Trade Tribunal brought by Tiree’s competitor in relation to a project management project for the Department of Foreign Affairs, Trade and Development.

DLA Piper (Canada) LLP

DLA Piper (Canada) LLP‘s team has particular public sector procurement expertise; strengths include the drafting of procurement documents involving requests for qualifications and conditions of tenders. Elizabeth Mayer leads the practice from Vancouver and has experience advising both public and private sectors. Personnel changes included the arrival of Deepak Gill from Cassels Brock & Blackwell LLP.

Responsables de la pratique:

Elizabeth Mayer

Les références

‘DLA Piper has been able to combine public and private sector experience, along with local and international experience to assist with our public procurements. They are also very efficient at completing tasks.’

‘The star for the public procurements we are involved with is Elizabeth Mayer. Very efficient, professional, able to discuss challenging topics with the private sector in a respectful manner.’

‘This practice is highly service oriented. The people I’ve had the opportunity to work with have all left me with high regards for the firm.’

‘Elizabeth Mayer has repeatedly provided us with excellent advice, recognizing where there is opportunity to challenge status quo with experience to back her ideas and when it is prudent to follow public sector precedent.’

Principaux clients

Southern Alberta Institute of Technology

Fraser Health Authority

Yukon Energy Corporation

Vancouver Island Health Authority

BC Ministry of Transportation

Royal British Columbia Museum

Canada Infrastructure Bank

Principaux dossiers

  • Advised Vancouver Island Health Authority on the procurement of a new hospital.
  • Advised BC Ministry of Transportation on the procurement of its Highway Reinstatement Program.
  • Advised Royal British Columbia Museum on the procurement of a new collections and research building.

McCarthy Tétrault

McCarthy Tétrault‘s team advises on all procurement matters with particular strength in the structuring of procurements, defending clients procurements from legal challenges and preparing contracts. Calgary-based Catherine Samuel and Toronto-based Tristan Musgrave co-lead the practice. Musgrave is noted for her handling of PPPs. The practice was joined by Puneet Kohli from DLA Piper (Canada) LLP.

Responsables de la pratique:

Catherine Samuel; Tristan Musgrave

Autres avocats clés:

Anca Neacsu; Brad Nicpon; Carrie Fleming

Les références

‘The team is exceptional in terms of being able to get the deal done. They are always current on what’s happening on the political and regulatory front and draft agreements/docs that are tight.’

‘Tristan Musgrave is always a pleasure to deal with; he is responsive and highly competent. I’m never sure how he manages the volume of work he does but he always lets you know how long things will take and he always delivers on time.’

 

Principaux clients

Canada Infrastructure Bank

Noventa Energy Partners

Ministry of the Solicitor General Ontario

Wood Canada Limited

York University

Société de financement et d’accompagnement en performance énergétique s.e.c.

ATB Financial

Fiera Capital

Niagara Health System

Vantage Airport Group

Metrolinx

Brooks Solar II Corporation (a subsidiary of Elemental Energy Inc.)

Infrastructure Ontario

Trillium Health Partners

Aecon Concessions

Mosaic Transit Group

CIBC World Markets

ACS Infrastructure Canada

Unity Health

Wilfrid Laurier University

Ryerson University

Principaux dossiers

  • Advised Infrastructure Ontario and the Ministry of the Solicitor General to structure and procure all aspects of the design, construction, financing and maintenance of a new correctional complex in Thunder Bay, Ontario, which will replace the existing and decrepit Thunder Bay Correctional Centre and Thunder Bay Jail.  
  • Advised Infrastructure Ontario and Metrolinx on the procurement of the Scarborough Subway Extension.
  • Advised Trillium Health Partners on the procurement of the Trillium Health Partners Broader Redevelopment.

Osler, Hoskin & Harcourt LLP

The team at Osler, Hoskin & Harcourt LLP often advises clients in energy, transportation and social infrastructure industries involved in public procurement matters. Its breadth of expertise in construction, development and project finance benefits clients by providing seamless and integrated advice. The practice is led by Richard Wong  and Christopher Bennett. Wong is often sought to oversee contractual, procurement and project development matters, whereas Bennett’s expertise encompasses project finance and structured finance.

Responsables de la pratique:

Richard Wong; Christopher Bennett

Torys

The team at Torys integrates its procurement advice with its commercial group to offer clients seamless and comprehensive procurement expertise. Particular focus lies within procurement process design, document and policy creation, regulatory issues and trade agreements. The practice is led by Philip Symmonds who is based in Toronto and enjoys particular expertise in government procurement-related work.

Responsables de la pratique:

Philip Symmonds

Autres avocats clés:

Thomas Yeo; Adam Banack

Principaux clients

Infrastructure Ontario

Supply Ontario

The Government of Newfoundland and Labrador

The City of Portage La Prairie, Manitoba

First Nations Infrastructure Institution and First Nations Tax Commission

Government of Canada (Attorney General of Canada)

Mallinckrodt Pharmaceuticals

The Government of North West Territories

Ontario Power Generation

Principaux dossiers

  • Advised Infrastructure Ontario on the Ontario Connects initiative, a new, innovative procurement process involving reverse auction events to subsidize the construction of high-speed internet projects throughout the province.  
  • Advised the Government of Ontario with respect to corporate and commercial legal advice related to the launch of the new procurement-based agency Supply Ontario.
  • Advised the Government of Newfoundland and Labrador as the public authority on multiple active PPP projects in Newfoundland and Labrador, includinga New Adult Mental Health and Addictions Facility.