Public Procurement & Government Contracting
- Counsel and advisor to domestic and foreign suppliers on the full range of issues that arise in Canadian procurement processes, including formulation of procurement strategies, analysis of solicitation documents, preparation of teaming agreements and subcontracting agreements, assessments of contractual terms and conditions and the development of procurement proposals. Advice provided also addressed the applicability and impact of the Defence Production Act, and how to ensure compliance with the Controlled Goods Regulations.
- Counsel and advisor to prime contractors with respect to disputes with the government, and with subcontractors, during the performance of awarded contracts.
- Counsel and advisor to territorial and municipal governments, and private sector purchasers, in numerous complex high-value procurements. The advice provided includes drafting or reviewing solicitation documents to ensure compliance with Canadian law, and bullet-proofing of procurements against successful challenges by bidders.
- Counsel on the following procurement disputes:
- University of Ottawa and Coding for Veterans (Joint Venture), PR-2020-030 (CITT)
- Marine Recycling Corporation and Canadian Maritime Engineering Ltd., PR-2020-038, PR-2020-044 and PR-2020-056 (CITT)
- KPMG LLP, PR-2018-014, PR-2018-024 (CITT)
- Canada (Attorney General) v. Masha Krupp Translation Group Ltd. and CLS Lexi-Tech Ltd., 2017 FCA 231
- Deloitte Inc., PR-2016-069 (CITT)
- The Masha Krupp Translation Group Ltd. v. Canada Revenue Agency, PR-2016-041 (CITT) (counsel for the intervener, CLS Lexi-Tech)
- Adlair Aviation (1983) Ltd. v. Nunavut (Commissioner), 2017 NUCJ 19
- Oshkosh Defense Canada Inc., PR-2015-051 and PR-2015-067 (CITT)
- Nunavut Innovative Health Solutions v. NNI Contracting Appeals Board, 2014 NUCJ 29
- Deloitte Inc. (Re), PR-2014-055 (CITT)
- Pomerleau Inc. (Re), PR-2014-048 (CITT)
- Irving Shipbuilding Inc. v. Canada (Attorney General), [2009] F.C.J. No. 449 (FCA)
- Irving Shipbuilding Inc. v. Canada (Attorney General), [2008] F.C.J. No. 1500 (FC)
- Irving Shipbuilding Inc. v. Canada (Attorney General), [2007] F.C.J. No. 1242 (FC)
- BRC Business Enterprises Ltd. (Re), PR-2010-012 (CITT)
- Deloitte & Touche LLP, PR-2005-044 (CITT)
- C2 Logistics Inc. (Re), PR-2005-020 (CITT)
- CDI Education Corp. (Re), PR-2005-025 (CITT)
- Northern Lights Aerobatic Team, Inc. (Re), PR-2005-004 (CITT)
- Fleetway Inc. (Re), PR-2003-075 (CITT)
- FLIR Systems Ltd. (Re), PR-2002-077 (CITT)
- InBusiness Systems Inc. (Re), PR-2002-020 (CITT)
- Hewlett-Packard (Canada) Ltd. (Re), PR-2001-030 and PR-2001-040 (CITT)
- Siemens Westinghouse Inc. (Re), PR-2000-039 (CITT)
Canadian Anti-dumping, Countervailing Duty and Safeguard Investigations
- Counsel for domestic industry and exporter/importer clients in numerous Canadian anti-dumping, countervailing duty and safeguards investigations, as well as related judicial reviews before the Federal Court of Appeal, including:
- Certain Steel Goods, Safeguard Inquiry No. GC-2018-001 (CITT)
- Dry Wheat Pasta from Turkey, Inquiry No. DWP 2017 IN (CBSA) and NQ-2017-005 (CITT)
- Polyethylene Terephthalate Resin from China, India, Oman and Pakistan, Inquiry No. PETR 2017 IN (CBSA) and NQ-2017-003 (CITT)
- Certain Fabricated Industrial Steel Components from China, South Korea and Spain, Inquiry No. FISC 2016 IN (CBSA) and NQ-2016-004 (CITT)
- Welded Large Diameter Carbon and Alloy Steel Line Pipe from China and Japan, Inquiry No. 4214-47, 4218-44 (CBSA) and NQ-2016-001 (CITT)
- Concrete Reinforcing Bar from Belarus, Chinese Taipei, Hong Kong, Japan, Portugal, and Spain, Inquiry No. RB2 2016 IN (CBSA) and NQ-2016-003 (CITT)
- Counsel in judicial reviews before the Federal Court of Appeal of decisions of the CBSA and the CITT in anti-dumping and countervailing duty investigations, including:
- AGT Food and Ingredients v. Canadian Pasta Manufacturers Association, 2019 FCA 229
- Fluor Canada Ltd. v. Supreme Group LP, 2020 FCA 58
Economic Sanctions
- Counsel and advisor to foreign governments, financial institutions, and foreign and domestic businesses on the applicability and effect of Canadian economic sanctions, including advice on the applicability and scope of economic sanctions, how to ensure ongoing compliance with economic sanctions, and how to manage and voluntarily disclose breaches of economic sanctions while limiting the risk of administrative or criminal penalties.
Import and Export Controls
- Counsel and advisor to domestic exporters on the applicability of export control laws, including performance of internal investigations/audits, the development of internal export control policies and procedures, and undertaking successful voluntary disclosures.
Investor-State Dispute Settlement
- Counsel to the Government of Mexico in investor-state arbitrations, including:
- First Majestic Silver Corp. v. The United Mexican States, ICSID Case No. ARB/21/14
- Eutelsat S.A. v. United Mexican States (ICSID Case No. ARB(AF)/17/2)
- Joshua Dean Nelson and Mr. Jorge Blanco v. United Mexican States (ICSID Case No. UNCT/17/1)
- B-Mex LLC. and Others v. The United Mexican States, ICSID Case No. ARB(AF)/16/3
- Lion Mexico Consolidated LP v. The United Mexican States, ICSID Case No. ARB(AF)/15/2
- Counsel for the Government of Mexico defending set-aside applications of international arbitral awards, including:
- Joshua Dean Nelson v. The United Mexican States, No. CV-21-00663626-00CL
- Vento Motorcycles, Inc. v. The United Mexican States, No. CV-20-006496640000
