Premature Award Disclosure Prompts Compensation Order

By: Anna Krol In its April 2018 determination in Hawboldt Industries v. Department of Public Works Canada, the Canadian International Trade Tribunal ordered the payment of compensation to a complainant due to the premature disclosure of a contract award.  The [...]

Award Struck Down Due to Non-Compliant Bid

By: Anna Krol In its May 2018 determination Dynamic Engineering Inc. v. Department of Public Works and Government Services, the Canadian International Trade Tribunal struck down a contract award after determining that the government improperly awarded a contract to a non-compliant [...]

Government Told to Bolster Debriefs in COI Dispute

By: Anna Krol In its May 2018 determination in Renaissance Aeronautics Associates Inc., the Canadian International Trade Tribunal (the “Tribunal”) dismissed allegations of conflict of interest while noting that the government could have avoided the bid dispute by being more [...]

“Single-Source Emergency” Struck Down By Tribunal

By: Anna Krol In it’s June 2018 determination in ALS Canada Ltd. v. Statistics Canada, the Canadian International Trade Tribunal struck down a sole-source since reasonable alternatives existed for the government’s mandatory technical requirement and no extreme urgency existed for [...]

Tribunal Says Be Upfront About Bid-Protest Rights

By Anna Krol In its March 2018 determination in Vantage Painting Ltd. v. Department of Public Works and Government Services, the Canadian International Trade Tribunal (“CITT”) issued one if its first rulings under the new Canadian Free Trade Agreement (the [...]

Tribunal Rules on Passive Assessments of Written Submissions

By Anna Krol In its March 2018 determination in AirClean Systems Canada v. Department of Public Works and Government Services, the Canadian International Trade Tribunal (the “Tribunal”) dealt with a challenge to the assessment of public health and safety criteria [...]

Winning Defence Costs Millions in Unpaid Expenses

By Paul Emanuelli In its March 2017 decision in Kaymar Rehabilitation Inc. v. Champlain Community Care Access Centre, the Ontario Superior Court of Justice rejected a lost profit claim by an unsuccessful incumbent supplier. After bidding on a therapy services [...]

Negotiated RFP Dispute Summarily Dismissed

By Paul Emanuelli In its October 2017 decision in Adlair Aviation (1983) Ltd. v. Nunavut, the Nunavut Court of Justice summarily dismissed a lawsuit against the government after finding that the challenged air ambulance RFP did not create the Contract [...]

Canada and Europe Ratify CETA

By Paul Emanuelli In February 2017, after prior consultations with its constituent members, the European Parliament approved the Canada-Europe Comprehensive Economic and Trade Agreement (“CETA”). After the terms of the CETA were negotiated, and while that treaty was undergoing its complex ratification [...]