Rising Stars

Public procurement in Canada

Blake, Cassels & Graydon LLP

The group at Blake, Cassels & Graydon LLP is instructed by both public and private sector-clients for its expertise in complex procurement processes, which spans from conception to award. It also handles the development and implementation of enterprise-wide procurement policies. At the helm of the Toronto-based practice, Marianne Smith is well-versed in advising clients on the development and preparation of public tenders and procurement processes. Key younger partners include Alyssa Shivji, who regularly assists procuring entities and bidders with the procurement process, and has particular experience relating to projects involving transportation, civil, wastewater and mining infrastructure; and Stephanie Console, who focuses on the development, preparation and ongoing administration of public tenders. Meaghan Parry and Karishma Prasanna are the key names to note at the associate level. Partner Judy Wilson passed away in March 2023.

Practice head(s):

Marianne Smith


Other key lawyers:

Alyssa Shivji; Stephanie Console; Meaghan Parry; Karishma Prasanna


Key clients

City of Calgary


City of Toronto


VIA Rail Canada


City of Mississauga


City of Winnipeg


Marine Atlantic


Ontario Securities Commission


University of Toronto


Work highlights


  • Assisted the City of Calgary with the development of a light rail transit line in Calgary, Alberta.
  • Assisted the City of Toronto with the rehabilitation of the F.G. Gardiner Expressway.
  • Assisted VIA Rail with its Corridor Fleet Replacement Project, a 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.

Cassidy Levy Kent LLP

The group at Cassidy Levy Kent LLP is well-versed in litigation, often representing government agencies, Crown corporations and private corporations in the defence and construction sectors. The team has significant 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. Practice co-head Gerry Stobo has a strong track record advising clients on public procurement challenges before the Canadian Trade Tribunal. Alongside him, Marc McLaren-Caux is also noted for his litigation expertise and for his experience advising companies on contractual disputes and pre-contractual issues involving both federal and provincial governments.

Practice head(s):

Marc McLaren-Caux; Gerry Stobo


Testimonials

‘The team’s personal approach stands out; not only are they experts in their field, but they are friendly and a pleasure to speak to.’

Key clients

EllisDon Corporation


Heddle Marine Service


Government of Alberta


General Dynamics Mission System – Canada


Horizon Maritime Services


Rampart International


Falcon Environmental


Cadex


P1 Consulting


Work highlights


  • Represented Heddle Marine Service at the Canadian International Trade Tribunal in defence of a major Canadian Coast Guard contract award to refurbish and repower the CCGS Terry Fox.
  • Represented the Government of Alberta in arbitration involving the awarding of a major public contract.
  • Represented EllisDon Corporation at the Canadian International Trade Tribunal in a challenge to a major construction contract award.

Fasken

Fasken's practice covers the gamut of procurement matters and is routinely sought out for its expertise on high-profile public procurement projects and transactions across Canada. The team is also noted for its experience overseeing cross-border procurement matters involving the United States. Department head Peter Mantas regularly acts as lead litigation procurement counsel in significant public procurements. Partner Marcia Mills provides the federal government and private and public sector clients with legal advice throughout the procurement cycle. Both split their time between Ottawa and Toronto.

Practice head(s):

Peter Mantas


Other key lawyers:

Marcia Mills


Key clients

Bronson Consulting Group


United Kingdom Department of International Trade


Thales DIS Canada


Infrastructure Ontario/ Metrolinx – Ontario Line Subway Project


Government of Canada and Windsor-Detroit Bridge Authority


Work highlights


  • Represented Bronson Consulting Group in a procurement dispute with the Government of Canada.
  • Advised Infrastructure Ontari and Metrolinx on the planning, preparation, procurement and construction processes for the 16km subway project.

Norton Rose Fulbright

Working under the umbrella of the firm’s infrastructure department, the procurement team at Norton Rose Fulbright handles bid preparation, including security clearance issues, and assists with the development of procurement templates and policies for both governmental and private sector clients. The group is equipped to take care of each stage of projects, from procurement strategy counsel and the negotiation and preparation of contracts through to project delivery and post-contract advice. The practice is co-led by Vancouver-based infrastructure practice head Jay LeMoine and specialist litigator Jenna Anne de Jong, who works from the Ottawa office. Senior partner and ex-practice head Martin Masse is an additional key contact.

Practice head(s):

Jay LeMoine; Jenna Anne de Jong


Other key lawyers:

Martin Masse


Testimonials

‘The team has strong breadth and depth of experience and expertise. It has assisted us with developing non-traditional contract models in response to our complex project needs and a challenging contractor market. A relative advantage to some other firms is the ability to draw in lawyers from its offices in other countries where other contractual approaches have been tried and they have been brought in seamlessly to support the team.’

Key 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


EMD


Vancouver Island Health Authority


Lower Mainland Health Authorities


Toronto Hydro


Partnerships BC


Bombardier


Work highlights


  • Represented PricewaterhouseCoopers in two procurement challenges before the Canadian International Trade Tribunal.
  • Advised the Ministry of Transport and Infrastructure, the Ministry of the Attorney General, and Infrastructure British Columbia in relation to the Belleville Terminal Redevelopment Project.
  • Advised the Province of British Columbia on a C$3.1bn rapid transit rail project in Metro Vancouver, involving a 16.5 km extension of the existing Expo SkyTrain Line.

Borden Ladner Gervais LLP

The 49-strong group at Borden Ladner Gervais LLP has experience representing both government authorities – including Crown corporations and municipalities – and private sector developers, in a wide spectrum of public procurements. Vancouver-based partner Douglas Sanders co-heads the practice and majors on PPPs and the drafting of construction contracts. Alongside him, counsel Richard Shaban of the Toronto office assists hospitals, public authorities and developers with construction projects. Mark Fecenko completes the leadership trio.

Practice head(s):

Richard Shaban; Doug Sanders; Mark Fecenko


Key clients

BC Hydro


City of Ottawa


Eldorado Gold


Oakridge Geo Thermal


Ontario Hospitals Association


Pomerleau


Saskatchewan Mining and Minerals


Trigon Pacific Terminals


Volkswagen


Dentons

The expertise of the Dentons group encompasses public procurement at all levels of government, including federal, provincial, municipal and Crown corporations. The practice’s sectoral experience includes technology, energy, construction and defence. Practice head Paul Lalonde leads from Toronto and specializes in government procurement, international trade and arbitration. Partner Sean Stephenson is noted for his knowledge of government contracting law.

Practice head(s):

Paul Lalonde


Other key lawyers:

Sean Stephenson


Key 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


FTI Professional Grade


Tiree Facility Solutions


IBI Group


ECA Robotics


Fox News Network


Department of Justice Canada


Lifelabs


ECA Robotics


Campbell Drug Stores


Work highlights


  • Represented Amazon Web Services in challenging the implementation of a federal Request for a Supply Arrangement for 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.

McCarthy Tétrault

The department at McCarthy Tétrault handles the range of all procurement matters, demonstrating particular strength in the structuring of procurements, defending clients procurements from legal challenges and preparing contracts. Toronto-based practice co-head Tristan Musgrave covers real estate matters and the resolution of procurement disputes, while David Crane has niche expertise in technology procurement. Disputes partner Julie Parla is an additional key contact.

Practice head(s):

Tristan Musgrave; David Crane; Debra Finlay


Other key lawyers:

Julie Parla


Key clients

Canada Infrastructure Bank


Ministry of the Solicitor General Ontario


Waterfront Toronto


Atlantic Towing


Niagara Health System


Irving Shipbuilding


Metrolinx


The Province of BC


Infrastructure Ontario


Trillium Health Partners


Osler, Hoskin & Harcourt LLP

The group at Osler, Hoskin & Harcourt LLP is routinely instructed by clients in the energy, transportation and social infrastructure segments seeking assistance with public procurement matters. The team’s members collaborate seamlessly with peers in the firm’s infrastructure, construction, technology and energy departments. The practice is coordinated by Toronto-based Christopher Bennett, who specializes in project finance and structured finance.

Practice head(s):

Chris Bennett


Key clients

EllisDon Capital


Infrastructure Ontario


Meridiam Infrastructure North America


Fiera Infrastructure


Connect 6ix Consortium


Amico Design Build


Sacyr Canada


Hochtief PPP Solutions North America


Strabag


Ainsworth


SUEZ Canada Holdings


TC Energy – Grey County Pumped Storage Project


Bruce Power


NextBridge Infrastructure


Emera/Nova Scotia Power


Algonquin Power & Utilities


Trans Mountain Pipeline