TPG Technology Consulting (TPG) was the incumbent for a contract with the federal government of Canada for the delivery of IT human resources. Following a procurement process, a new contract was awarded to a competitor. TPG claimed that the procurement process was flawed and that the Crown had committed a breach of “Contract A”. Fasken Martineau was retained after another major law firm lost a motion for summary judgment brought against TPG. Peter Mantas of Fasken Martineau appeared before the Federal Court of Appeal to argue that the case be permitted to proceed to trial. In July 2013, the court granted the appeal in a unanimous decision that set out important principles in the area of procurement law. A six week trial was held in the summer of 2014, after which the Federal Court (Trial Division) found that the procurement process was unfair. However, no damages were awarded. In the Fall of 2016, the Federal Court of Appeal heard from both sides on various issues in the case, which have important implications for procurement law in Canada and the role of the Canadian International Trade Tribunal. Fasken Martineau acts as counsel to TPG in this matter with a team that includes Peter Mantas, Leslie Milton, Alexandra Logvin and Anastasia Reklitis.
Jurisdiction
- Ontario
