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NECI has been publishing The Legal Edge since 1994. During that time, we've kept track of the trends in contract management, and reviewed every leading court decision that could affect your tenders, RFPs and contracts. We've passed on tips from our work with leading public and private sector organizations across Canada.

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2006

Issue 70 – December 2006 - January 2007
  • Supreme Court Split Over Tender Compliance
  • Can the Courts Review an RFP Cancellation?
  • Why Not P3? Here Are a Few Reasons
  • Public-Private Partnerships, Told From Experience
  • Damage Award Upheld for Contract Management Failures
  • Answer to You be the Judge: A Complaint by Canyon Contracting
  • Can You Change Tender Specs After a Contract Award? – You be the Judge
Issue 69 – November 2006
  • B.C.-Alberta Agreement Goes Beyond AIT
  • How Many Mandatories Do You Really Need?
  • Contract Disputes and Saying “Sorry”
  • Ottawa Bungles $400 Million Moving Contract – Twice
  • Senior Executives Must Know Risks of Sole Sourcing
  • Answer to You be the Judge: A Complaint by C2 Logistics Inc.
  • Short Bidding Periods, Repeat Tenders and the AIT – You be the Judge
Issue 68 – September - October 2006
  • Bidding and Contracting Can’t Block Public Access to Information
  • Grammatical Error in Contract Costs Rogers $2 Million
  • Five Best Ways to Avoid the Most Common Negotiation Mistakes
  • Incumbent Bidders and Long-Term Contracts: Tantramar Sanitation & Trucking Ltd. v. Sackville (Town), [2006]
  • Performance Management Key to Outsourcing Success
  • Landscaping, Low Pricing, and Tender Compliance – You be the Judge
  • Answer to You be the Judge: Mardave Construction Limited v. York (Regional Municipality)
Issue 67 – June - July 2006 Special Issue
  • Leadership Challenge in Canadian Procurement
  • The Business Case for Doing It Right
  • Smart Leaders Understand Their Procurement Role
    • Zutphen Bros. Construction v. Nova Scotia, [1993]
    • Tercon Contractors v. B.C. Ministry of Transportation and Highways, [1993]
    • Kencor Holdings Ltd. v. Government of Saskatchewan, [1991]
    • Tarmac Canada v. Hamilton Wentworth Regional Municipality, [1999]
  • When Leadership Only Walks the Talk
    • CivicLife.com Inc. v. Canada (Attorney General), [2005]
    • Enterprise Excellence Corporation and Monte Management Inc. v. Royal Bank of Canada, [2002]
  • Challenge for Procurement Leaders
  • Fraud and Cover-ups at Canada’s Largest Municipality
  • The Bellamy Report: Pitfalls and Best Practices
  • It’s Not Just Rules: It’s the Law
    • Regina v. Donald James Power, [1993]
    • The Queen v. Dimitrios Pilarinos and Glen David Clark, [2002]
    • R. v. Gordon Albert MacEachern, [1999]
    • R. v. Raymond Garry Reshke, [2004]
Issue 66 – April - May 2006
  • $3.3 Million in Damages for Changing Criteria in RFEI/RFP Process: Tercon Contractors Ltd. v. British Columbia. [2006]
  • Market Sounding – A More Powerful RFI?
  • Negotiating Contracts: The Two Crucial Closing Steps
  • What is Your Contract Dispute Behaviour Type?
  • Six Critical Concepts in Managing Public-Sector Purchasing
  • Answer to You be the Judge: 407 ETR Concession Co. v. Ontario (Registrar of Motor Vehicles)
  • Can Government Shift its Responsibility to a Contractor? – You be the Judge
  • Special Insert: Northern Sport Centre/Partnerships BC Market Sounding Document
Issue 65 – February - March 2006
  • Contracting Risks Under the U.S. Patriot Act
  • Major Commercial Project Checklist
  • Negotiating with Big Suppliers
  • Engineering Firm Found in Breach of Tendering Laws: Stanco Projects Ltd. v. Her Majesty the Queen & Aplin & Martin Consultants Ltd., 2004
  • Vanoc Forgot to Sign First Contract it Awarded
  • Subcontractors and Non-Compliant Proposals – You be the Judge
  • Answer to You be the Judge: Design Services Ltd. v. Canada, [2005]
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2005

Issue 64 - December 2005 - January 2006
  • Alternative Dispute Resolution in Contracting
  • Canadian Price-Fixing Scheme Brings Record Fines
  • Who's Watching the Tender Evaluation Committee?
  • Corporate Arbitration Sweeps the Nation
  • Tender Bids vs. Requests for Proposals: A Decision Model
  • Answer to You be the Judge
  • Dexter Construction v. The Attorney General of Nova Scotia
  • Who Pays for Errors in Contract B - You be the Judge
  • SPECIAL INSERT
  • Dispute Resolution Clause
Issue 63 - October - November 2005
  • $2.5 Million Awarded for Contract Management Failures
  • Agenda Control Key in Negotiations
  • Disclosure of RFP Budget - Three Options
  • Professional Services Go Out to RFP
  • B.C. Signs 10-Year Deal for IT Workstations
  • Answer to You be the Judge
  • Nandy (c.o.b.) Distributed System Links v. Canada (Attorney General)
  • Does "Mandatory" Mean No Second Chances? - You be the Judge
Issue 62 - August - September 2005
  • "Bitter Bidders" Now Tending to Seek Redress
  • Personal Styles Can Make or Break a Negotiation
  • Consultant Negligent for Recommending a Non-Compliant Tender
  • Vancouver's Ethical Purchasing Policy First in Canada
  • Judge's Order Seen as a Threat to Mediation
  • Answer to You be the Judge
  • File No. PR-2003-005, A Complaint by Ready John Inc.
  • Ready John, 500 Toilets and the CITT - You be the Judge
Issue 61 - June - July 2005
    Special Issue: Freedom of Information
  • Freedom of Information and Canadian Procurement
  • Report Card by Province
  • Getting Information Time-Consuming and Costly
  • Public Officials Often Wrong on Access Rules
  • Court Rejects Attack on FOI
  • The Attorney General of Canada et al. v. The information Commissioner of Canada, 2004
  • Implications of the Dawson Decision
  • FOI and Procurement: Case Highlights, 1995 to 2005
Issue 60 - April - May 2005
  • Agreement on Internal Trade Prohibits Discriminatory Costs
  • AT&T Canada Corp. File No. PR-2000-024
  • Know Who You're Dealing With: Ethics Do Matter
  • "No Contract A" Goes to Court in Ontario
  • Buttcon Ltd. v. Toronto Electric Commissioners
  • What is the Agreement on Internal Trade?
  • Should I Care About the Agreement on Internal Trade?
  • Bid Errors in a Two-Step Tendering Process
  • Toronto Transit Commission v. Gottardo Construction Limited et al
  • Answer to You be the Judge
  • Calian Technology Ltd. v. Frederickson
  • Outsourcing Contracts and Employee Raiding - You be the Judge
Issue 59 - February - March 2005
  • "No Contract A" as a Strategic Business Tool
  • Negotiations: 'Split the Difference' Means 'Lose the Edge'
  • Outsourcing Not Robbing Canada of Jobs
  • Wording of the Privilege Clause Can Affect Contract Award
  • Graham Industrial Services Lt. v. Greater Vancouver Water District
  • Kinetic Construction Ltd. v. Comox-Strathcona
  • Pirated Software Putting Businesses at Risk
  • Answers to You be the Judge
  • Rockwood v. Harbour Grace Community Youth Network Inc.
  • Rockwood v. Eastern Newfoundland and Labrador Regional Health and Community Services Board
  • Fairness and the Single Bidder - You be the Judge
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2004

Issue 58 - December 2004 - January 2005
  • Canada's Newest P3 Hospital & Cancer Centre
  • Knowledge a Key to Overcoming Fear of Negotiations
  • Audits Find Widespread Lease Abuses: A Lawyer's View of Lease Audits
  • Negligent Misrepresentation is Alive in Canada: Halifax (Regional Municipality) v. David
  • E-Mail Used as a Weapon in Court Case
  • You be the Judge - Handwritten Notes
  • Does Identical Pricing Amount to Bid-Rigging? - You be the Judge
  • Answer to You be the Judge: Bison Bus (1985) Ltd. and Sun Valley Tours Ltd.
Issue 57 - October - November 2004
  • Government Wins Tendering "Compliance" Decision: Winbridge Construction Limited and Defence Construction (1951) Limited
  • Agents - Learn When to Use Them in Negotiations
  • A Fairness Checklist From Canada and Australia
  • Competition Bureau Signs Too Many Deals Without Competing Bids
  • B.C. Launches First Procurement Certification in Canada
  • Answer to You be the Judge: Rod Dolmage, plaintiff, and James A. Erskine, Michiel Leenders, The University of Western Ontario and Ivey Management Services
  • Moral Rights in Your Contracts - You be the Judge
Issue 56 - August - September 2004
  • Fairness Monitor: A Witness or A Target?
  • Negotiation Leverage: Understanding and Exercising It is Key
  • Keeping Legal Advice Confidential
  • Vendor Complaint Review in B.C.
  • Competition Bureau Pursues Price-Fixing and Conspiracy Cases
  • Answer to You be the Judge: Green Country Maintenance Ltd. and Nelia De Castro v. The City of Calgary
  • Suspension and Refusal of Bids - You be the Judge
Issue 55 - June - July 2004
  • To Sign or Not to Sign?
  • Walkouts Present Negotiation Risk
  • Contract Claims: 10 Reasons They Arise, and 10 Ways to Avoid Them
  • Inside Abbotsford's Data Room
  • P3s Get Broader Role in Infrastructure
  • Answer to You be the Judge: Carrocci v. The Corporation of the Township of McDougall
  • Bid Deposits and Summer Cottages - You be the Judge
Issue 54 - April - May 2004
  • Bid Challenges Across the Border
  • Prepare Yourself to Parry Common Negotiation Ploys
  • Tips for Spotting a Bid-Rigging Scheme
  • Consultants Loosen Ties to Billable Hours
  • Competition Bureau Nets More Price-Fixing Convictions
  • Answer to You be the Judge: Zalizniak v. Zalizniak
  • Contract A Hits the Divorce Court - You be the Judge
Issue 53 - February - March 2004
  • Bidder Can Use "Non-Compliance" to Avoid Liability: Graham Industrial Services Ltd. v. Greater Vancouver Water District
  • Brainstorming Sessions Build Negotiating Options
  • B.C. Delivers Major Road as a P3
  • Supreme Court Rules on Copyright
  • Seven Key Ways to Communicate Ethics to Suppliers
  • Answer to You be the Judge: PR-2002-036, A Complaint by Noël Import/Export
  • Rescue Craft and Mandatory Requirements - You be the Judge
  • SPECIAL INSERT: Contract Management Bookshelf
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2003

Issue 52 - Dec. 2003 - Jan. 2004
  • Procurements With No Contract A Obligations
  • Copyright: Avoiding Liability and Litigation
  • When Emotions Stop the Talks, It's Time to Stand Back
  • RFPs With Contract A Obligations: Advantages and Disadvantages
  • RFPs With No Contract A Obligations: Advantages and Disadvantages
  • Free Golf Helps Sink Big Contract: Comment by Trade Lawyer Paul M. Lalonde
  • Answer to You be the Judge: PR-2002-005: A Complaint by SPMgroup Ltd.
  • Terrorists, Couriers, and Bid Closing - You be the Judge
Issue 51 - October - November 2003
Four Years of RFP Litigation in Canada: 2000 - 2003
  • Misappropriation of Proposal Idea Leads to $520,000 Award
  • Limitation of Damages for Breach of Contract A
  • Dealing with Incumbent Vendors and Transition Costs
  • RFPs With No Contract A - Case #1
  • Winning Proposals Now Available to Competitors
  • Individual Evaluators' Score Sheets - Keep or Destroy?
  • RFPs With No Contract A - Case #2
  • Price Must be Scored After Other Criteria
  • Proposal Evaluations, Familiarity, and Personal Friendships
  • Lethal Counter-Offers and Failed Negotiations
  • Proposal Clarification, Bid Repair, or Modification?
  • RFPs With No Contract A - Case #3
  • RFPs With Contract A - Mainstream Case Law
Issue 50 - September 2003
  • The Huge Risks of Cut-and-Paste Tendering: Pyramid Construction v. Grand Falls Golf Club
  • Group E-Buying Saves Airlines Millions
  • BC Parks Moves to 10-Year Agreements
  • Handcuffs are Tightened on Government Evaluators: Zenon Environmental Inc. (Re) [2002] C.I.T.T. No. 87
  • CIDA Broke Rules with Millions in Contracts
  • Answer to You be the Judge: Fraser Health Authority v. Hospital Employees' Union
  • Copyright and Confidentiality in RFPs - You be the Judge
Issue 49 - July - August 2003
  • Dangers of Subjective Evaluations in Tendering: Air-tite Sheet Metal Ltd. v. Canada
  • Performance-Based Contracting Guarantees Cost Savings
  • BC Parks: 27 RFPs, Four Stages, One Web
  • Canadian Firm Convicted of Bribery in South Africa
  • Debriefing in the Private Sector
  • Answer to You be the Judge: Brookfield LePage Johnson Controls v. Canada; High Rise Group Inc. v. Canada
  • Litigation Over Access to Winning Proposals - You be the Judge
Issue 48 - April - May - June 2003
  • Courts Cast Chill Over Government Bid Challenges: Attorney General of Canada v. Georgian College of Applied Arts and Technology
  • Bank of Canada Broke Its Own Rules with Consulting Contracts
  • Re-Designing Contracting at BC Parks
  • Human Error Costs Proponent $24-Million on Contract Bids
  • Getting Results from RFPs and SLAs
  • Answer to You be the Judge: Borgo Upholstery Ltd. v. Canada
  • Inspections, Tippy Chairs, and March Madness - You be the Judge
Issue 47 - February - March 2003
  • Winning Proposals Now Available to Competitors: Promaxis Systems Inc. v. Minister of Public Works and Government Services (Canada); Dagg v. Canada; Merck Frosst Canada Inc. v. Canada (Minister of National Health); Société Gamma Inc. v. Canada (Secretary of State)
  • Keeping Score: The Dangers of Destroying RFP Work Sheets: PR-2001-040, a Complaint by Hewlett-Packard
  • Court of Appeal Upholds RFP Damages Clause: Elite Bailiff Services Ltd. v. British Columbia
  • What Happens When Your P3 Partner Changes Ownership?
  • Investigations of International Price-Fixing Continue
  • RFPs for Best-Value Solutions - You be the Judge
  • Answer to You be the Judge: PR-2000-008 and PR-2000-021, Complaints by Brookfield LePage Johnson Controls
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2002

Issue 46 - Dec. 2002-Jan. 2003
  • Royal Bank Penalized for Breach of Confidence: Enterprise Excellence Corporation and Monte Management Inc. v. Royal Bank of Canada
  • Tort Reform in US Overdue
  • RFP Was a "Beauty Contest" - Not a Tender
    Mellco Developments Ltd. v. Portage la Prairie (City)
  • Tapping Into a Partnership Brings Numerous Benefits
  • Employee or Independent Contractor?
  • Answer to you be the Judge: Caldwell & Ross Ltd. v. New Brunswick (Minister of Transportation)
  • Can you Cancel a Tender or RFP Process? - You be the Judge
  • Special Insert: Checklist: Employee or Independent Contractor
Issue 45 - November 2002
  • Disqualification of Bids and Proposals
  • RFP Process Off-Track Without Public Involvement
  • The Risks of Innovative Technology and Competitive Contracting
  • RFPs for Creative Services
  • Competition Bureau Investigation Leads to Convictions and $4 Million in Fines
  • Answer to You be the Judge: S.S. Contracting Inc. v. Rural Municipality of Edenwold No. 158 [Sask.]
  • Bidders, Performance Bonds, and Breach of Contract ­ You be the Judge
Issue 44 - September-October 2002
  • Contracting Out Ontario's Truck Jails
  • Public and P3 Prisons Go Head to Head
  • Simultaneous Negotiations with IT Vendors: Case Assembly Systems Ltd. v. The Dufferin-Peel Roman Catholic Separate School Board
  • Alberta Civil Servant Faces Fraud Charges
  • The Pendulum Swings Back to IT Outsourcing
  • Answer to You be the Judge: Toronto Transit Commission
  • How Many Ways Can You Breach Contract A? -- You be the Judge
Issue 43 - June-July-August 2002
  • MERX Contract Extension Over-ruled by CITT
  • The Seven Strategies of Master Negotiators
  • RFP Checklists for Proposal Writers and Proponents
  • Competition Bureau Investigations Bring Charges, Convictions and $1.5 Million Fine
  • "Electric Dating Service" Builds Critical Mass for RFPs
  • Answer to You be the Judge: Derby Holdings Ltd. vs. Wright Construction Western Inc.
  • Non-Compliant Bids in the Private Sector: A Sword or a Shield? -- You be the Judge
Issue 42 - April-May 2002
  • Draft RFPs and Multiple Contractors
  • RFPs and Multiple-Stage Evaluations
  • Supplier Recognition Programs: Getting More Than You Pay For
  • Bid Clarification or Bid Modification?
  • Probe to Look Into Government Contracts
  • Answer to You be the Judge: Newfound Disposal Systems Limited v. Memorial University of Newfoundland
  • Unit Prices in Tendering -- You be the Judge
  • Special Insert: Telus Supplier Quality Evaluations
Issue 41 - February-March 2002
  • Getting Your Lawyers Off the Clock
  • Top Court Awards Record for Punitive Damages
  • Whiten v. Pilot Insurance Co.
  • Coping With FOI Overload
  • Dangerous Attitudes in Contract Management: Soo Logging Co. Ltd v. Province of B.C. (Ministry of Forests)
  • Employee or Independent Contractor?
  • Answer to You be the Judge: Pressure Pipe Line Fabrication Limited v. W&J Construction Limited
  • Price Quotations in the Private Sector -- You be the Judge
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2001

Issue 40 - December 2001- January 2002
  • Dealing with Transition Costs in an RFP
  • Court Dismisses Suit Against Former B.C. Premier by "Disgruntled Bidder"
  • Prequalification: Building Partnerships
  • Contracting Out Hits Freedom of Information and Privacy Laws
  • Anatomy of a Bid-Rigging Conspiracy
  • Answer to You be the Judge: University of Alberta [2001] A.I.P.C.D. No. 45 (Alberta Information and Privacy Commissioner)
  • IT Projects, Contracts and Job Offers -- You be the Judge
Issue 39 - November 2001
  • Mixed-Workforce Strategy Saves Costs
  • RFPs Without Contract A Obligations
  • Prequalification: Standing Supplier Lists
  • Competition Bureau Gets Convictions in Four International Price-Fixing Conspiracies
  • Best Practices for Major IT Projects
  • Answer to You be the Judge - Ginnoula Rounis, William Rounis and Jake Kearsley v. The Malaspina Students' Union Society
  • Bait-and-Switch Tactics in RFPs -- You be the Judge
Issue 38 - September-October 2001
  • Confidential Supply Contracts At Risk
  • Audit Finds National Defence Botched P3 Project
  • RFPs: Lethal Counter-Offers and Failed Negotiations
  • Prequalification: High-End, Specific Projects - Trillium Health Centre, Ontario
  • Conduct of RFP Evaluation Team is Open to Scrutiny
  • Answer to You be the Judge - Richcraft Construction Ltd. v. National Capital Commission
  • Can a Bidder Get an Injunction to Stop Tendering? -- You be the Judge
Issue 37 - July-August 2001
  • Tendering Law After M.J.B.: Have Your Employees and Consultants Changed?
  • $150 Million Federal Contract Fails Audit
  • "Negotiated" Contracts Must Be Disclosed Under Information Statutes
  • In Review: The New Public Organization
  • Bidder Gets Damages for Engineers' Statements
  • Answers to You be the Judge
  • Contract Disputes: Your Right of Set-Off -- You be the Judge
Issue 36 - April-May 2001
  • Performance Evaluations and Liability for Defamation
  • RFP Evaluations: Do You Have What It Takes?
  • Province Held Liable for Performance Evaluation
  • Former B.C. Premier Loses Defamation Suit
  • New E-Commerce Laws for On-Line Buyers
  • Civic Officials Escape Personal Liability
  • Answer to You be the Judge - Parker v. Ontario (Ministry of Transportation and Communications)
  • Alternate Service Delivery Gets Results
  • Private-Sector Delivery of Services: Are Revenue Estimates a Promise? -- You be the Judge
Issue 35 - February-March 2001
Special Issue: New Laws In Canada For E-Contracting
  • What Does the Provincial Legislation Cover?
  • What Does the Federal Legislation Cover?
  • How Does the Legislation Change Online Contracting?
  • Current Canadian Legislative Status
  • How Does the Legislation Affect Offer, Acceptance and Formation?
  • Must an E-Contract be in Writing?
  • How is an E-Contract Signed?
  • Are E-Contracts "Original" Contracts?
  • How Does One Identify the Other Party?
  • How Are E-Contracts Enforceable?
  • What Terms Should be Included?
  • Will E-Contracts Meet Document Retention Requirements?
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2000

Issue 34 - December 2000-January 2001
  • Government Wins Major "Negotiations" Lawsuit
  • Tendering With a Twist
  • Intellectual Property Audits: Are Your Assets Covered?
  • Builder Pleads Guilty to Rigging Hibernia Bid
  • What Constitutes Conflict of Interest?
  • Answer to You be the Judge - Sound Contracting Ltd. v. City of Nanaimo
  • If They Sue, Can You Refuse to Do Business? -- You be the Judge
Issue 33 - November 2000
A Decade of RFP Litigation in Canada, 1990 to 2000
  • Top Court Deals With "Lowest or Any Proposal" Clauses
  • Who Can Evaluate a Proposal?
  • Negotiations with RFP Vendors
  • Court of Appeal Approves RFP Process
  • Mandatory Requirements Covered by Ron Engineering Law
  • Contract A Hits the Private Sector
  • RFP Proposal Format Not a Trade Secret
  • RFPs and Breach of Confidentiality
  • Numerical Grid to Evaluate RFPs is Fair
  • Duty of Fair Treatment for RFP Proposals
  • RFPs and Long-Term Contracts
  • RFP Award Cancelled for Conflict of Interest
  • Debriefing the Losing Proponents
Issue 32 - September-October 2000
  • Court of Appeal Says Yes to Past Experience
  • E-Signature Technology: You Don't Need to Get It On Paper
  • Outsourcing to Your Customer
  • Fighting Bid-Rigging With Supplier Certificates
  • Who Owns Workplace Inventions?
  • Answer to You Be the Judge: Maritime Excavators (1994) Ltd. v. Nova Scotia
  • Non-Compliant Bids or Lower Prices? -- You be the Judge
  • Special Insert - Issue 32: Certificate of Independent Bid Determination
Issue 31 - July-August 2000
  • Contract A Hits the Private Sector
  • A Privatization Lesson from National Defence
  • Court of Appeal Deals With Errors in Tenders
  • Ontario Unveils E-Biz Act
  • "Fairness Experts" for the RFP Process
  • Competition Bureau Announces New Charges and Fines
  • Answer to You Be the Judge: Stenotran Services v. Public Works and Government Services Canada
  • Disclosure of Unit Prices to Competitors -- You be the Judge
Issue 30 - April-May 2000
  • Can You Negotiate with RFP Vendors?
  • Electronic Contracting and Model Legislation
  • Benchmarks Tied to Compensation and Incentives
  • Answer to You Be the Judge: Curwood & Sons Ltd. v. Regional Municipality of Ottawa-Carleton
  • City Partnership Pays Green Dividends
  • E-auctions: Where All Bids Are Seen by All Bidders
  • Do Contract Documents Have to Be Sealed? -- You be the Judge
  • Special Insert - Issue 30: Facility/Property Management Questionnaire Fall 1999
Issue 29 - February-March 2000
  • Electronic Contracts Enforced By Court
  • City Urged to Sue Over Supply Deals
  • Service-Level Agreements and Financial Incentives
  • Doing It Right: Notice of Intent to Contract
  • Purchasing Executive Charged Over Kickbacks
  • RFP Evaluation: Who Can be Involved? -- You be the Judge
  • Answer to You be the Judge: Wind Power Inc. v. SaskPower Corp.
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1999

Issue 28 - December 1999-January 2000
  • Largest Government Outsourcing in Canada
  • Saskatchewan Pioneers E-Commerce Bill
  • Failure to Disclose Reasons Leads to Liability - Tarmac Canada Inc. v. Hamilton-Wentworth
  • Computer Pays Civic Workers $0
  • Answer to You be the Judge: W.I.B. Construction Ltd. v. School District No. 23 (Central Okanagan) and Fulker Maltby Architects Inc.
  • Continuous Service Contracts v. Open Competition
  • Disqualification Based on Personal Experience -- You be the Judge
Issue 27 -- October-November 1999
  • Risk Management in Major Negotiations
  • Courts Apply "Smell Test" in Judging Contract Workers as Long-Term Employees
  • E-Procurement: A Virtual Tour of Canada's Public Sector
  • Medbuy Pays Annual Dividends to Its Members
  • Pricing Errors in a Tender Bid - You be the Judge
  • Answer to You be the Judge: City of Ottawa Non-Profit Housing Corporation v. Canvar Construction (1991) Inc.
Issue 26 -- August-September 1999
  • Long-Term Contracts for Professional Services
  • Ottawa to Pay Corel in RFP Dispute
  • Ontario Renewal Sets CANCOPY Standard
  • Airports Rise to Privatization Challenge
  • Outsourcing Boosts Group Purchasing Power
  • Who Pays for Increased Costs? You be the Judge
  • Answer to You be the Judge:Snarpen Contracting Ltd. v. Arbutus Bay Estates Ltd.
  • Special Insert: A Guide to Copying in the Ontario Government
Issue 25 -- May-June 1999
  • Supreme Court of Canada Awards Damages to Losing Bidder
    M.J.B. Enterprises Ltd. v. Defence Construction (1951) Ltd.
  • Canadian Salt Fined $600,000 Under New WCB Enforcement Push
  • Incentives Key to Success of 15-year Agreement
  • Competition Bureau Fines Top $41 Million in Last 12 Months
  • Ruling Raises Questions About Federal Procurement Processes
  • Special Insert: The Privilege Clause in Construction Tender Documents -- M.J.B. Enterprises Ltd. v. Defence Construction (1951) Ltd.
Issue 24 -- March-April 1999
  • Doing It Right: Using Contracts to Avoid Litigation
    • Cox Brothers contracting & Assoc. Ltd. v. Big Lakes (Municipal District)
    • Shell Canada Products Ltd. v. City of Vancouver
  • Doing It Right: Getting Quality for Your Money
    • Nichols Gravel Limited v. Township of Delhi, David Anderson and Frank Gelinas
  • Doing It Right: Expert Advice for Business Decisions
    • Boss Developments Ltd. v. Quality Air Maintenance Ltd.
  • Doing It Right: RFP Short List, Evaluation and Award
    • Cavendish Promotions Inc. v. Tourism Industry Assn. Of Prince Edward Island
  • Doing It Right: Privatization Via Competitive Contracting
    • Consortium to boost spending on Highway 407
  • Consultant Charges Unfairness in Public Works' Process
Issue 23 -- January-February 1999
  • Request for Qualifications or Expressions of Interest?
  • Prequalification: Asking the Right Questions
  • Ontario Directs Bidding Traffic on Highway 407
  • Corporate Photocopying May Infringe Copyright
  • When Does Tendering Turn Into Price Fixing?
  • Employees or Independent Contractors? Revenue Canada Helps You Decide
  • Answer to You be the Judge: ADGA Systems International Ltd. v. Valcom Ltd.
  • Can You Be Liable for Recruiting New Staff? - You be the Judge
  • Special Insert:: Dealing with Tough Questions in Contract Management (Dealing Effectively with the Media)
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1998

Issue 22 - November-December 1998
  • Software RFP Violates "Open Competition" Agreements
  • Growing Skepticism Surrounds Consulting Industry
  • $8.27 Million in Additional Fines under the Competition Act
  • Partnering Under Municipal Legislation: Barrier or Gateway to P3s?
  • Dr. Hook Meets the Bid-Rigging Police - You Be the Judge
  • Answer to You Be the Judge - Regina v. Dr. Hook Towing Services Ltd.
Issue 21 - October 1998
  • Negligence in Contract Negotiations
    - Martel Building Limited v. Canada
  • New Seaway Managers Promise Private-Sector Efficiencies
  • Pricing Incentives for Service Contracts
  • Service Manager or Contract Administrator - Which Are You?
  • Partnership Pays for Hospital Renovations
  • Termination of a Major Computer Contract - You be the Judge
  • Answer to You Be the Judge - M.L. Baxter Equipment Ltd. v. Geac Canada Ltd.
Issue 20 - September 1998
  • Long-Term Contracts and Angry Suppliers
  • Universities Sell Off the Right to Buy
  • Competition Bureau Website
  • Private-Sector Companies and Requests for Quotations
      - Forest Contract Management Ltd. v. C & M Elevator
      - Frecon Construction Ltd. v. Digirolamo & Son Ltd.
  • Thinking Small, Tech Hotshots Outgun Rivals
  • Tenders 30 Seconds Late - Do You Receive or Reject the Bid?
      - Bradscot (MCL) Ltd. v. Hamilton-Wentworth Catholic
      - S.B. Smith Bros & Wilson (B.C.) Ltd. v. B.C. Hydro
  • Does Copyright Apply to Your Contracts? You be the Judge
  • Answer to You be the Judge
Issue 19 - May-June 1998
  • Scope Changes in Tendering
  • Design/Build for a City Hall
  • ADM Fined $16-million in Price-fix Case
  • Canadian Company Wins "Kickback" Litigation
  • Debriefing the Unsuccessful Respondent: Tips, Traps & Best Practices
  • Debriefing the Losing Parties - You be the Judge
  • Answer to You Be the Judge -- Khoury Real Estate Services v. Canada (PWGSC) [1996] F.C.J. No. T-2050-95
Issue 18 - March-April 1998
  • Supreme Court to define "The Privilege Clause"
  • Private Sector Paves Way in N.B.
  • Public-Private Successes in Chilliwack
  • Calgary Contracts Out Billing for Utilities
  • Unsolicited Proposals - A Burden or a Bonus?
  • Can an Employee Submit a Bid? You be the Judge
  • Answer to You be the Judge:
    • Woodrow Log Scaling Ltd. v. Halls and Russell [1997] B.C.J. No. 140
    • Gottcon Contractors Ltd. v. Manzo (1992) 49 C.L.R.234.
Issue 17 - January-February 1998
  • Subcontractors Successful Against Owners
  • Partnership Delivers IcePark for Municipality
  • Largest Facilities Management Outsourcing Contract in Canada
  • Partnerships for Schools: Two Different Approaches
  • Four Convicted of Rigging Bids
  • Computer Contracts and the Year 2000
  • Bid Rigging or Affiliated Companies? You be the Judge
Special Insert: Computer Law 1-1-2000 -- Legal Strategy and Tactics for the Millennium Date Problem
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1997

Issue 16 - November-December 1997
  • 1997 Design Build Agreement
  • Sponsorship Agreements Pay Big Dividends
  • Requesting and Preparing Proposals for Legal Services
  • Can a Government Employee be Liable?
  • How to Throw a Knockout Negotiation Punch
  • RFP Weighting: Secrecy or Disclosure?
  • Rising Costs Push Companies into Deals with Headhunters
  • Who has Copyright: Employee, Company or University? You be the Judge
  • Answer to You Be the Judge: Boudreau vs. Lin
Issue 15 - October 1997
  • Evaluation of Tender Bids
  • Developing Internet Policies for a Business: E-mail
  • Risky Business: Contracting for Software Development
  • Court Gives Region "Low-Bid" Lesson
  • Royal Bank Sourcing Cuts out Small Business
  • Truth or Consequences: Contracting for Computers
  • Four-Envelope RFP for Highway Maintenance
  • Border-Crossing for Contractors: Two Approaches
  • Revenue Loss in Public-Private Partnership
  • Negotiations with a Sole Bidder - You be the Judge
  • Answer to You be the Judge - Acme Building v. Newcastle
Issue 14 - June 1997
  • Contracting Across the Border
  • Professional Associations Guilty of Anti-competitive Behaviour
  • Alternative Dispute Resolution in Edmonton City Hall
  • Pirated Software at the Office
  • Exclusive Supply Contracts to Boost Revenue
  • Answer to You Be the Judge
  • When do Consultants Provide Contract Security?
  • Bid Deposits and Performance Securities
  • Damage to Goods in Transit: You be the Judge
Issue 13 - April 1997
Special Update
Highlights of Recent Tendering Litigation
Sixteen legal precedents involving Invitation to Tender from trial and appeal courts across Canada. Topics include the "right to reject" clause, the risk allocation clause, tender negotiations, alternative bidding, and political interference.

Issue 12 - March 1997
  • RFPs for Public/Private Partnership: Lessons from Highway 407
  • How to Succeed in Outsourcing
  • Record Fine Imposed on Individual for Price-fixing
  • Court of Appeal Says No to Error Correction in Tender Bid
  • Answer to You be the Judge: Gee v. White Spot Ltd.
  • How to Negotiate a Severance Package
  • Services, Goods or Severe Illness: What is It?: You be the Judge
Issue 11 - January 1997
  • Is a Consultant Personally Liable for Negligence?
  • Construction Documents: Municipalities Find a Better Way
  • Cross-border Business: International Copyright Issues
  • Answer to You be the Judge: Can Am Simulation Ltd. v. Newfoundland
  • Who Can Use a Consultant's Report?
  • Hospital Contracts Out Part of Nursing Service
  • Who Takes the Risk: You, the Architect or the Engineer?
  • Can a Losing Bidder Recover Pre-qualification Expenses?: You be the Judge
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1996

Special Update - November 1996
Alternative Service Delivery
  • Downsizing Results in Resource Sharing
  • Partners in Road Construction
  • Employee Takeovers keep Parks Afloat
  • Taking Nathan Phillips Square to Market
  • Public Institutions See the Light
  • RFPs come to Ministry of Health
  • N.B. Turns to Private Sector to Build, Maintain Schools
  • Partners Paddle into Parks
  • School Buses to get Advertising
Issue 10 - October 1996
  • Losing Proponent Gets Damage Award
  • Copyright Gets Sticky on the Web
  • Why Care about Conflicts of Interest?
  • Getting Full Disclosure in Your RFPs
  • Do you Fight, Walk Away or Try ADR?
  • Cancelled Contracts Cost Ottawa Millions
  • A Test for Conflicts of Interest
  • Answer to You be the Judge: Gotaverken Energy Systems v. Cariboo Pulp and Paper
  • Imperial Oil Ltd: Corporate Policy for Conflicts of Interest
  • Negotiating on Your Knees: You be the Judge
Issue 9 - June 1996
  • Defamation in Business Relationships
  • Canada's First Asbestos Property Damage Case
  • Letter from Bear Mountain
  • Outsourcing and Letters of Credit
  • Confusion over Base Bids, Equals and Alternatives
  • How to Separate Proposals from Tenders
  • Can You Negotiate with the Highest Bidder? You be the Judge
  • Insert:
    • Answer to You be the Judge: Gramac Ventures Ltd. v. City of Fredericton
    • What's New in Outsourcing: Look No Further than In-house
Issue 8 - April 1996
  • Supplier's Negligence Lawsuit is Successful
  • Electronic Documents: the Importance of Reliable Evidence
  • Volume Estimates Can Lead to Litigation
  • Are You Prepared for a Computer Failure?
  • Canadian Firms Court Disaster in U.S. Judgements
  • Price Quotations - Offer and Acceptance: You be the Judge
  • Insert:
    • Doing Business with First Nations
    • Answer to You be the Judge: Custom Iron and Machinery Ltd. v. Calorific Construction Ltd.
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Special Update Spring 1996
Highlights of Recent RFP Litigation in Canada

Nine legal precedents involving Requests for Proposals from trial and appeal courts across Canada. Topics include evaluation scoring, duty of fair and equal treatment, and conflict of interest.

 

Issue 7 - January 1996
  • Design/Build Construction: Does it Save Time and Money?
  • Making Sense out of Contract Securities
  • RFPs Effective for Cost-sharing Initiatives
  • Recent Bonding Experiences: Benefits and Limitations
  • How to Make Outsourcing Work
  • Negotiations with Bidders and Contractors: Don't Lose Your Contract Security
  • For Budget Purposes Only: You be the Judge
  • Record Fine of $2.5 million for Conspiracy Offense
  • Insert: Answer to You be The Judge - Magical Waters Fountains Ltd. v. City of Sarnia and Brenner
Issue 6 - October 1995
  • Disqualification of a Tender Bid or Proposal
  • Copyright on the Job
  • Quebec Pharmacies and Pharmacists Admit Price-Fixing
  • Foundation Building West Inc. v. City of Vancouver (Does substantial compliance apply to errors in bidding?)
  • Software Giants Launch Piracy Suits
  • Privatization of Prisons Being Considered by Provinces
  • How to Keep Your Legal Bills Under Control
  • Can a Losing Proponent Recover Damages?: You be the Judge
  • Insert: Answer to You be the Judge - Health Care Developers Inc. v. Newfoundland (Dept. of Works, Services and Transportation)
Issue 5 - June 1995
  • Court of Appeal Upholds "Right to Reject" Clause
  • You are in a Contract - Even if You Don't Know it
  • Consultants' Estimates: Are They Legally Binding?
  • Sample Clauses for Consultants' Estimates
  • Crafting Effective Software Development Contracts
  • Information Technology Industry Rife with Disasters
  • Quotations: Just Information or Binding Offers?
  • City Utilities Tapping into Private Enterprise
  • Inserts:
    • Time Limits to Warranties -- You be the Judge
    • Answer to You be the Judge - Hunter Engineering Co. v. Syncrude Canada Ltd.
    • Answer to You be the Judge (Issue 4) - Gauvin Enterprises Ltd. v. Canada
Issue 4 - April 1995
  • Failure to Disclose Hits Both Ways
  • Confidentiality Obligations - Buyer beware
  • Competition Act Also Protects Services
  • The New CCDC-2 Contract from the Owner's Perspective
  • Bid-Rigging Cases Before the Courts
  • New Approach to Publications Saves $1.2 million
  • Waiver of Contract Rights: You be the Judge #4
  • Answer to You be the Judge #3 - Techni-Metric Inc. v. Canada (Minister of Supply and Services)
Issue 3 - January 1995
  • RFPs Pay off for City of Calgary
  • New Products: Top Ten Tips to Reduce your Risks
  • EDI or the Highway
  • Avoiding Legal Potholes along the Information Highway
  • CCDC-2: Implications for all Contracts
  • Buying Goods from US Suppliers
  • Suppliers Battle Sears over Fines
  • Penalties, Fines and Liquidated Damages
  • Too Many Contracts: You be the Judge #3
  • Fax Revisions to Price: answer to You be the Judge #2
Issue 2 - October 1994
  • The Perils of Alternative Bidding
  • $1-million Award for Breach of Contract A
  • Terminating a Computer Contract
  • Supreme Court Deals with Procurement Discrimination
  • Hospital Software Violates Copyright
  • Losing Control of Tender Award
  • Fax Revisions to Prices: You be the Judge #2
  • Conflicts of Interest in Tendering: answer to You be the Judge #1 - Martselos Services v. Arctic College
  • Price-Fixing in Thermal Fax Paper
Issue 1 - Summer 1994
  • Negotiating with Low Bidders
  • When Negotiations Mean a Court Battle
  • Hospitals Suing Gas Firms
  • Are Engineers Responsible to Contractors? Owner's Liability for Specifications
  • Competition Bureau Concentrates on Bid Rigging and Conspiracy Prosecutions
  • Conflicts of Interest in Tendering: You be the Judge
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This page last updated Jan 25, 2008