Public procurement in Canada

Blake, Cassels & Graydon LLP has one of the preeminent public procurement practices in Canada and is regularly retained by both public and private sector clients operating in a range of industries, including infrastructure, energy, healthcare and education. With experience in procurement projects at the federal, provincial and municipal levels, the department not only assists bidders, but is also skilled at  advising on development of the procurement processes, contentious and compliance matters. Leading the practice is Judy Wilson, who is highly regarded for her experience in owner-side infrastructure matters and PPP procurements. She is based in the Toronto office, where Marianne Smith is also sought after for her expertise in PPP law, procurement and complex projects. Clémentine Sallée is a contact in Montreal for project structuring and compliance issues, while Toronto-based  Alyssa Shivji, who was recently promoted to partner, and Theresa Chan play a key role in high-profile procurement projects across Canada.

Bringing together procurement experts and litigators, Fasken is not only adept at assisting clients with high-profile procurement transactions and projects at the federal, provincial and municipal levels, but is also proficient in litigation, trade issues and government relations matters. National security mandates, including procurements involving controlled goods and contract security, are a strong point for the team, that has been recently called upon by clients to provide innovative solutions related to the Covid-19 pandemic. Based between Ottawa and Toronto, Peter Mantas, who regularly acts as lead litigation procurement counsel in prominent Canadian cases, oversees the nationwide department. Marcia Mills, who also splits her time between Ottawa and Toronto, has a wealth of experience advising government entities and private companies throughout the procurement cycle and on trade agreement compliance and disputes.

The public procurement team at Norton Rose Fulbright, that falls under the infrastructure service offering, is able to draw on the firm’s wider capabilities in PPP projects to act for private and public sector entities in public procurement matters across the country. The practice, which demonstrates particular strength in transport-related matters, is under the leadership of Douglas B. Buchanan and Jay LeMoine in Vancouver, the latter of whom focuses on infrastructure projects. Also sitting in Vancouver, Matt Mulligan provides support on all aspects of tender processes and procurement procedures. Sandra Nissan is a key contact in Toronto.

Dentons acts for a varied client base comprising key industry players in technology, energy, construction, infrastructure and defense, and is recommended for its ‘great reputation for delivering excellent procurement advice and litigation services’. Showcasing the ability to assist with public procurement at all levels of government and across the country, the department has a strong track record in high profile bid challenges and in the drafting of procurement and tendering documents. Based in Toronto, Paul Lalonde is the main point of contact in the team. He has a wealth of experience in government-contracting disputes. In the same office, Sean Stephenson focuses on government contracts and procurement challenges.

Covering both contentious and non-contentious procurement law mandates, Gowling WLG  is well-versed in bid protests, litigation over public tenders and in the application of domestic and international trade agreements. The team, which is primarily based in Ottawa, offers support to procuring entities and bidders across a range of key sectors seeking advice on significant bidding decisions and compliance issues in all jurisdictions in Canada. Department leader Phuong Ngo assists with procedural risk mitigation, procurement documentation and bid protests.

McCarthy Tétrault's procurement practice benefits from the firm’s wider strength in project finance and development, acting for a range of clients, most notably in the energy, financial services and infrastructure sectors. Besides representing government entities in all aspects of procurement, including assistance with procurement process management, compliance and legal challenges to tenders, the team also excels at advising private-sector clients on procurements issued by government entities. Catherine Samuel in Calgary oversees the team with Tristan Musgrave in Toronto. Anca Neacsu is a noteworthy practitioner in Montreal; she has a formidable track record in procurement and PPP projects more broadly. Brad Nicpon and Carrie Fleming are recent additions to the Toronto office: Nicpon joined from the Government of Ontario, while Fleming was formerly at Blake, Cassels & Graydon LLP .

Torys is well-positioned to represent public authorities, project proponents, lenders and equity investors participating in significant procurement and project mandates in the fields of high-speed internet, defence, and energy. A broad roster of public sector bodies routinely turn to the group for assistance with procurement process design, policy review and all associated documentation. Department head Philip Symmonds is a veteran practitioner in the public procurement space, while Thomas Yeo's far-reaching practice encompasses federal and provincial Crown corporations, agencies and municipalities. All named lawyers are based in Toronto.