Public procurement in Canada is the subject of increased regulation. Canada is in negotiations with the EU for a comprehensive economic and trade agreement and if these are successful it could liberalise provincial procurement markets as well as bringing the Canadian rules more in line with Europe and the US. On the disputes front, it has been noted that a large percentage of complaints are being rejected by the authorities and very few accepted for inquiry. Forty lawyers feature prominently in this chapter.
Blake Cassels & Graydon LLP fields five lawyers in this chapter – more than any other firm in the research. Anne Stewart QC is a “leading light” in the sector and “hugely respected” by peers and clients alike. The “superb” Judy Wilson has over 20 years’ experience handling procurement issues and her representations include advising on transactions related to public-private partnerships in the water and wastewater sector. Gordon Cameron has a “very active” practice in public procurement litigation. Alain Massicotte is head of the Montreal office’s infrastructure/P3 group and counsels a multitude of foreign governments. He advised the successful bidding consortium on the design, construction, financing and maintenance of the Centre hospitalier de l’Université de Montréal and its Research Centre. Jeff Merrick specialises in public-private partnerships and procurement infrastructure projects and is a “valued adviser”.
At Osler Hoskin & Harcourt LLP, four lawyers are featured. Rocco Sebastiano is a “leading name” in the market and his recent representations include advising the Ontario ministry of energy on the Renewable Energy Supply procurements. Robert Beaumont “excels” in the area of construction and equipment procurement while Michael Fekete is co-chair of the technology group and specialises in technology procurements and outsourcing. Tobor Emakpor spends a large part of his practice advising on P3/AFP projects and led the team advising the successful proponents in closing the C$253 million Alberta Schools Alternative Procurement II Project.
Three names appear from Gowling Lafleur Henderson LLP, including Ron Lunau – the leader of the public procurement group in Ottawa. Lunau represents clients in bid challenges and is “highly experienced”. Darryl Brown is a partner in the environmental, real estate and urban development group and is “well versed” in the preparation of tender and bid materials. He has played a “significant role” in the structuring and implementing of Ontario’s procurement process to select the vendor and nuclear technology for Ontario’s new-build nuclear project. Phuong Ngo advises private sector clients on the laws and policies related to public procurements in addition to being a “great” litigator in bid protests and related disputes.
At Davis LLP, Doug Buchanan QC is co-chair of the firm’s project finance, infrastructure and PPP practice and is a “pre-eminent” figure in the field of procurement. He recently advised Forum Equity Partners, the successful proponent in relation to the Billy Bishop Toronto City Airport Pedestrian Tunnel project. He is joined by Ian Bendell, a foreign legal consultant, with “substantial experience” in advising parties on the procurement, financing and implementation of major projects.
Davies Ward Phillips & Vineberg LLP is represented by two partners. Robert Bauer is in “high demand” for his knowledge and expertise pertaining to procurement law. He has worked on a multitude of projects including hospitals, casinos, toll roads and airports. Gregory Southam is a “well-established” figure in the Canadian marketplace and acted for the Miami access tunnel consortium for the design, build, finance, operation and maintenance of the US$3.1 billion greenfield Port of Miami Tunnel project.
At Heenan Blaikie LLP, two lawyers are listed. Paul Lalonde is co-chair of the firm’s national trade and competition group and a “true specialist” on government contracting law. Lalonde has represented a “great number” of clients in government contracting disputes. Geza Banfai is “well known” for his construction tendering work and is “greatly respected”.
McCarthy Tétrault LLP fields two lawyers to this chapter. Byran Gibson QC is based in the firm’s Vancouver office and advises proponents of infrastructure projects. He is considered “highly proficient”. Gordon Willcocks is “hugely respected” and practises principally in the areas of public-private partnerships, project development, construction and finance.
At Borden Ladner Gervais LLP, Barbara McIsaac QC is praised for her “prowess” in litigation. She advises private sector clients, governments and agencies. Alongside her, Gerry Stobo is a “distinguished” practitioner with a “superb reputation” in the field of government contracting and procurement law.
Fasken Martineau DuMoulin LLP is represented by two lawyers. Brian Kelsall is “go-to” name for projects in infrastructure, mining, energy, power and real estate sectors. Helmut Johannsen is the national leader of the construction, procurement and infrastructure group and is a “market leader” in litigating and conducting arbitrations involving procurement matters.
Michael Allen at Stikeman Elliott advises on the financing of public-private partnerships and is “highly impressive”. He is joined by Erik Richer La Flèche, co-head of the India and the PPP practice groups and an “exceptional” lawyer.
At Torys LLP, Mark Bain is “well versed” in procurement transactions and is the head of the firm’s public-private partnerships practice group and co-head of the firm’s infrastructure and energy practice. His notable representations include representing Bilfinger Berger Project Investments as the successful proponent for the C$455 million Women’s College Hospital AFP project.
Donald Lucky of Reynolds Mirth Richards is widely considered a “top name” in the field of procurement law. He has “extensive experience” in oil and gas and power projects.
Baker & McKenzie’s Denis Chamberland specialises in procurement law and has been practising for over 20 years. He has been “significantly involved” in advising one of Canada’s largest hospitals on a public-private partnership involving the contracting out of medical equipment for a 15 to 25-year term.
A partner in the construction and infrastructure groups of Cassels Brock & Blackwell LLP, Matthew Alter is a “great talent”. He regularly advises clients on project delivery methods and procurement processes.
Greg Lewis is chair of the business department and the leader of the public-private partnership and energy groups at Bull Housser & Tupper LLP. He is a “simply brilliant” practitioner.
At Fraser Milner Casgrain LLP, John Haythorne is both the Vancouver and national team leader of the firm’s P3 team. His strength lies in the structuring and administration of procurement and he has represented health-care authorities and the Province of British Colombia on tenders and requests for proposals.
Chris Bennett at McMillan LLP is described as a “definite inclusion”, while at WeirFoulds LLP, Glenn Ackerley is a “sought-after” lawyer for advice on procurement and tendering issues.
Founder of The Procurement Office, Paul Emanuelli is a “great” practitioner specialising in advising on developing procurement formats. At his own law firm Gregory Somers is praised for his “top-quality” procurement advice.
Paul Conlin of Conlin Bedard LLP maintains a “very active” practice representing clients before the Canadian International Trade Tribunal in government procurement proceedings.
Sole practitioner David Attwater is “without comparison”. He is “well known” for his work representing the federal government in procurement matters.
Richard Wagner of Norton Rose Canada LLP is a senior partner with a “tremendous experience” in government procurement law. He advises clients on structuring contracts, tender issues and procedures. He is also praised for his “high-quality” representation of clients in respect of bid challenges.
At his own firm in Alberta, Donald Goodfellow QC is a “highly visible” figure in the field. “Highly respected” by his peers, Goodfellow is a “gifted litigator”.