18| PROCUREMENT
The
Procurement
Minefield
CANADIAN PROCUREMENT IS COMPLEX
WITH MANY POTENTIAL LANDMINES
THAT GOOD LEGAL ADVICE SHOULD HELP
YOU AVOID — BY BRIAN BURTON
A SERIES OF SUPREME COURT of Canada decisions between 1981 and
2006 has given Canada a unique and highly structured procurement process that
frequently baffles foreigners and Canadians alike.
When Blake, Cassels and Graydon LLP offered a seminar on procurement law,
some 750 people signed up and four separate sessions had to be scheduled in
time zones across Canada to meet the demand for greater understanding of the
procurement process.
"The whole area of procurement law is embattled," says Judy Wilson of Blake's
Toronto office. Wilson cites four reasons for this situation.
"Good procurement needs flexibility but, as procurement law grows, it
becomes more strictly regulated and less amenable to flexibility.
Lexpert®Ranked Lawyers
Hardwicke-Brown,
Mungo
Blake, Cassels &
Graydon LLP
(403) 260-9674
mhb@blakes.com
Mr. Hardwicke-Brown's
M&A, corporate
finance and energy
practice focuses on the
natural resources and
infrastructure industries.
His experience embraces
the petroleum, natural
gas, oil sands, electricity,
potash, pipelines and
LNG sectors.
ROB-Infrastructure.indd 18
Harquail, Michael R.
Blake, Cassels &
Graydon LLP
(416) 863-2929
michael.harquail@
blakes.com
Mr. Harquail advises
financial institutions and
corporations with a focus
on corporate banking,
asset-based lending
and project finance.
His experience also
embraces syndications,
structured finance,
subordinated debt and
high-yield offerings.
Harricks, Paul H.
Haythorne, John S.
Helbronner, Valerie
Henderson, Philip J.
Hill, K
Gowling Lafleur
Henderson LLP
(416) 369-7296
paul.harricks@
gowlings.com
Dentons Canada LLP
(604) 691-6456
john.haythorne@
dentons.com
Torys LLP
(416) 865-7516
vhelbronner@torys.com
Stikeman Elliott LLP
(416) 869-5691
phenderson@
stikeman.com
Torys
(416)
khill@
Mr. Harricks leads
Gowlings' Energy,
Infrastructure & Mining
Industry Group. His
transaction-based
practice embraces
infrastructure, energy
and project finance.
He acts for Canadian
and international
corporations, funds and
financial institutions.
Mr. Haythorne, also an
engineer, focuses on
PPP, infrastructure &
construction law, with
emphasis on contract
negotiation & drafting
and procurement. His
infrastructure mandates
include hydro, hospital,
road, biofuel, waste
and rapid transit.
Ms. Helbronner's
infrastructure, PPP and
energy practice includes
the development and
financing of combined
heat and power, gasfired, wind, hydro,
solar and biomass
projects. Her experience
includes health care,
transportation
and mining.
Mr. Henderson is
co-head of the firm's
Structured Finance and
Financial Products Group.
His practice focuses on
corporate finance, M&A,
capital markets and
securities law matters
including structured
finance and derivative
products.
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