Canada: Public Procurement
Canada has seen a host of new public procurement guidelines and regulations come into effect in recent years and is rapidly developing into one of the most sophisticated jurisdictions for this type of work worldwide. We find 34 lawyers who are leading the field as the market continues to develop.
Blake Cassels & Graydon LLP is the best represented firm in this chapter, with five of its lawyers ranking prominently. Anne Stewart QC has been involved in many major infrastructure development projects throughout Canada, including the Sea-to-Sky Highway in British Columbia and the A25 Highway in Quebec, and sources recognise her “excellent” work for public and private clients. Ian MacIntosh has acted as lead counsel in numerous public private partnership (PPP) and infrastructure development projects such as the Surrey Memorial Hospital in British Columbia and Ontario’s Forensic Services and Coroner’s Complex. Jeff Merrick brings “first rate” experience in commercial real estate and project financing to the table in his public infrastructure development practice and he has worked extensively with governments in several provinces throughout the country. The “outstanding” Judy Wilson’s practice combines infrastructure development work with procurement for public facilities. Gordon Cameron is a “leading” litigator in disputes relating to financings and secured transactions.
A qualified engineer, Robert Beaumont of Osler Hoskin & Harcourt LLP focuses his practice on construction, infrastructure and project development matters and counts the City of Toronto and the Greater Toronto Airports Authority among the list of clients he has recently advised in project and procurement issues. At the same firm Rocco Sebastiano acts for governmental authorities in infrastructure development and construction projects and sources praise his “top notch” energy law expertise. Tobor Emakpor’s PPP and procurement practice focuses on the health-care, transport and education sectors and sources describe him as a “go-to guy”.
Two lawyers win praise from Borden Ladner Gervais LLP. Gerry Stobo’s “impressive” and “broad-based” practice combines government contracting, procurement and regulatory work with a strong trade and construction focus. Matthew Alter is noted for his “very strong” infrastructure project development work and related dispute resolution.
The “great” Robert Bauer is a senior partner in the commercial real estate, PPP and corporate/commercial practices of Davies Ward Phillips & Vineberg LLP and counts the City of Toronto among his clients. Gregory Southam also brings “substantial corporate acumen” to the table in public-private infrastructure project developments, having participated in the development of the Miami Access Tunnel and Durham Consolidated Courthouse in recent years.
Fasken Martineau DuMoulin LLP’s Brian Kelsall frequently acts as lead counsel for lenders, sponsors and investors in major infrastructure developments, including, most recently, Infrastructure Ontario’s Windsor Essex Highway PPP project. At the same firm, national construction, procurement and infrastructure group leader Helmut Johannsen comes “highly recommended” for his breadth of expertise in engineering, environmental regulatory law and dispute resolution alongside his “stellar” PPP and projects work.
Ronald Lunau leads the Ottawa public procurement group of Gowling Lafleur Henderson LLP and is a respected name in government contracting and international trade matters, frequently representing clients before trade tribunals and the Federal and Supreme Courts. Joining him is national energy and infrastructure industry group vice-chair Darryl Brown whose “strong” construction and real estate work and particular knowledge of the nuclear power sector are recognised by peers.
A former managing partner of Davis LLP, Doug Buchanan QC is a “very well established” figure in the Canadian marketplace and a “legendary” name in project finance and development work. Ian Bendell is a foreign legal consultant with the firm’s project finance, infrastructure and PPP group is “hugely experienced” in international public infrastructure matters.
Paul Lalonde is co-chair of the national trade and competition group at Heenan Blaikie LLP and has “peerless” expertise in competitive contracting and trade agreements in the field of government procurement. Michel Poirier’s practice combines “leading” public law knowledge with “great” real estate skills, and he is a “go-to” name for project planning, regulatory and transactional work in public matters.
McCarthy Tétrault LLP’s Byran Gibson QC is noted for his work for provincially and federally chartered financial institutions in finance and infrastructure issues. Gordon Willcocks co-chairs the firm’s national infrastructure group in Toronto and counts Infrastructure Ontario among his clients.
The “exceptional” Richard Wagner is a senior partner at Norton Rose OR LLP, where he focuses federal administrative and regulatory law issues in government procurement matters, including contract structuring, tender issues, negotiations and bid challenges. Paul Conlin chairs the firm’s Canadian business ethics and anti-corruption team and brings “highly valuable” regulatory expertise to his work in government contracting.
Stikeman Elliott LLP also fields two lawyers here. Vancouver’s Michael Allen has handled matters in a number of sectors, including energy, natural resources, forestry and telecoms and peers describe him as “wonderful”. In Montreal, Erik Richer La Flèche co-heads the India and PPP practice groups at the firm and is noted for his “superb” domestic and international transactional work.
Baker & McKenzie fields the internationally recognised and “hugely respected” Denis Chamberland, who acts for municipalities and government contractors in commercial matters around the world. At Fraser Milner Casgrain LLP, John Haythorne acts as a national PPP team leader and has been involved in numerous prominent construction and engineering projects in the country, including the South Fraser Perimeter Road and the RCMP Division E Relocation Project. Chris Bennett at McMillan LLP has developed a “leading reputation” for his work in major infrastructure projects, including New Oakville Hospital, St. Thomas Consolidated Courthouse and Woodstock General Hospital. “Market leader” Mark Bain co-heads the infrastructure and energy group at Torys LLP and specialises in PPP and alternative financing procurement projects.
Greg Lewis chairs the energy and infrastructure practice groups at Bull Housser & Tupper LLP and is renowned for his work in commercial transactions expertise. “Top tier” sole practitioner David Attwater frequently acts for the federal government in procurement matters. Reynolds Mirth Richards & Farmer LLP fields construction team leader Donald Lucky, who brings extensive contracts, insurance and disputes experience to bear in PPP and procurement projects. At The Procurement Law Office, Paul Emmanuelli focuses on IT, governance and supply chain issues within public procurement projects and is “first class” according to respondents to our survey.