Government Contracting - Our Expertise

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The Public Procurement group at Gowlings has, collectively, over 25 years of experience in advising clients on government contracting procedures, strategies and remedies at the federal, provincial and municipal levels. Our involvement in government procurement extends back to the first Free Trade Agreement between Canada and the United States. We have developed unparalleled expertise in bid protests, the application of international and domestic trade agreements and litigation over public tenders.

The group has represented many large corporations in bid challenges before the Canadian International Trade Tribunal, the Federal Court and the Superior Court of Ontario. We have provided opinions with respect to the compliance of government procurement actions with the North American Free Trade Agreement, the World Trade Organization Agreement on Government Procurement, the Agreement on Internal Trade, and applicable laws and policies. In addition, the group provides strategic advice to clients for managing and resolving contracting disputes with the government.

Ronald D. Lunau, Partner

Mr. Lunau is a partner in the Ottawa office. Mr. Lunau's practice focuses on the legality and validity of government actions, with an emphasis on public procurement and contracts, international and domestic trade agreements, and dispute resolution. He has represented many major corporations in successful bid challenges and contract litigation, including actions before the Canadian International Trade Tribunal, as well as the Federal and Ontario Courts. He has also defended companies who are successful bidders against subsequent protests by their competitors.

On the government side, Mr. Lunau has provided advice to a number of government entities on the procurement obligations of NAFTA , the WTO Agreement on Government Procurement, the Agreement on Internal Trade and applicable laws.

During the initial Canada-U.S Free Trade Agreement, Mr. Lunau provided advice to the Office of the U.S. Trade Representative with respect to the implementation of the procurement chapter of the FTA in Canada. Subsequently, Mr. Lunau provided advice to the Government of Mexico regarding the drafting and implementation of the procurement chapter of NAFTA.

Before attending law school, Mr. Lunau served as a Security and Intelligence Officer in the Canadian Armed Forces from 1973 to 1978. In 1981, he received his LL.B. from the University of Ottawa and was called to the Ontario Bar in 1983. During his academic career, he was awarded the Canada Law Book Award and was an editor of the Ottawa Law Review.

Mr. Lunau is a member of the Canadian Bar Association, Ontario Bar Association and the American Bar Association. He has been internationally recognized as a leading lawyer in the area of public procurement by the 2009 Chambers Global Survey, Who's Who International 2009, and the Best Lawyers in Canada 2010. Mr. Lunau has authored a number of articles for professional and trade publications on subjects relating to constitutional, regulatory and procurement issues. He is a frequent speaker on these issues, having been invited to present papers before such organizations as the American Bar Association (Section of International Law and Practice), the Canadian Bar Association (Section on International Law), the Canadian Corporate Counsel Association, the Canadian Institute, and the Ottawa Information Technology Lawyers' Association.

Selected Publications

R. Lunau and P. Pompeo, "Government Accountability in Canadian Procurement: A Matter of Trust", International Government Contractor (Thomson/West, Vol. 3, No. 5, May 2006).
"Contesting Contract Awards: Strategic Use of Review Processes", Canadian Institute (2004).
"Evidence in Administrative Proceedings: New Issues and Persistent Problems", Canadian Journal of Administrative Law and Practice (2003).
"Bid Challenges: A Practitioner's Perspective", Proceedings of the Canadian Bar Association - Section on International Law (2003).
"When Bad Things Happen to Good Proposals: Seeking Justice at the CITT", Proceedings of the Canadian Corporate Counsel Association (2003).
R. Lunau and Sean Moore, "Playing in Bounds: Rules for the Procurement Game", Summit (2001).
"The Age of Reasons", Canadian Institute (2001).
"Corel vs. Microsoft - When the RFP Process Goes Wrong", Federated Press (1999).
"Ethical Issues in Government Contracting", Proceedings of the Annual Spring Meeting, American Bar Association, Section of International Law and Practice (1996).
"Limits on the Jurisdiction of Provincial Superior Courts to Grant Remedies Under Subsection 24(1) of the Charter", Regulatory Boards and Administrative Law Litigation (1994).
"The Business Immigration Program for Investors and Entrepreneurs", Proceedings of the CBAO/LSUC Conference on Immigration Law (1993).
"Military Tribunals Under the Charter", National Journal of Constitutional Law (1992).
"Free Trade: What has it Done for Engineers?", Engineering Dimensions (1992).
"New Complaints Tribunal Levels the Playing Field", GSH Communiqué (1991).
"Government Procurement", Free Trade Law Reporter (CCH International), at 17001 (1988).

Phuong T. V. Ngo, Partner

Ms. Ngo is a member of the Advocacy Group and the Public Procurement Group at Gowlings. She practises in both official languages, with an emphasis in civil and administrative litigation, health law, government procurement, bid protests and judicial review. Ms. Ngo is an advocate in the Ontario Court and the Federal Court of Canada.

Her work also involves proceedings before various administrative tribunals, including the Canadian International Trade Tribunal, the College of Physicians and Surgeons of Ontario, the Health Professions Appeal and Review Board and the Canada Pension Appeals Board.

Ms. Ngo received her law degree, common law en français program, from the University of Ottawa after completing her Bachelor of Education with distinction. She received her undergraduate degree in French and Political Science from Carleton University.

Called to the Bar of Ontario in 2000, Ms. Ngo is also fluent in English, French and Vietnamese. She is a member of the County of Carleton Law Association, the Canadian Bar Association and l'Association des juristes d'expression française de l'Ontario (AJEFO).

Ms. Ngo has extensive experience advising private sector clients on the laws and policies relating to public procurements, as well as the design and conduct of competitive solicitations by private sector companies. She is experienced at representing major clients in bid protests and related litigation. Ms. Ngo speaks and writes frequently on issues related to public sector and private sector procurement.

Speaking Engagements and Publications:

January 2009 - Osgoode's Advanced Legal and Practical Guide to Public Procurement, Toronto, Ontario
January 2008 - Canadian Institute Conference on Public Procurement, Vancouver, British Columbia
June 2007 and October 2007 - Osgoode Hall Law School Conference on Legal Risk Management for Nurses, Toronto, Ontario, dealing with the topic/paper of "Informed Consent and Mature Minors"
April 2007 and July 2007 - University of Ottawa Jarislowsky Chair in Public Sector Management & Gowlings leadership program “The Federal Accountability Act and You“ : changes to government procurement with the enactment of the Federal Accountability Act
December 2006 - Canadian Institute Grants and Contributions Conference, on the topic "Managing the Risk of Fraud: Exploring the Impact of the Federal Accountability Act"
November 2006 - Insight Civil Litigation and Administrative Law Conference on strategy planning for administrative tribunals and judicial review. Her paper was entitled Applications for Judicial Review in a Nutshell.
September 2006 - Risky Business: Public Trust, Ethics and the Federal Accountability Act Conference, Ottawa, Ontario. For this conference, she co-authored with Catherine Beaudoin, the paper Changes to Procurement and Contracting (this is linked to our paper).
October 2004 - "Treading Carefully: Wining and Dining Under Scrutiny", in Summit Magazine

Yves Caron, Partner

Yves Caron is a partner and member of Gowlings' Ottawa Business law Group. Yves has many years of experience in dealing with the Federal government procurement process supporting clients by providing legal risk assessment, structuring bid responses and offering strategic advices. In his capacity as legal counsel Yves has also been providing advices on a broad range of private procurement business opportunities including large international outsourcing leveraging his applied knowledge to support clients in the high-tech area.

Prior to joining Gowlings, Yves was senior legal counsel at a major telecommunications corporation. He also worked at the United Nations in New York, at the Privy Council Office in Ottawa, and as researcher at the Parliamentary Centre for International Affairs and Foreign Trade.

Yves is a member of the Canadian Bar Association, an associate member of the American Bar Association and a member of the International Bar Association. Yves received his LLB from the University of Ottawa and was called to the Ontario Bar in 1997. He also holds a MA in International Relations from York University.

Stephanie Pearce, Associate

Stephanie Pearce is an Associate in the Advocacy Department at Gowlings' Ottawa office. She practises in the areas of civil litigation, administrative law, government procurement, and professional liability law. Ms. Pearce is a member of Gowlings' public procurement group.

Ms. Pearce received her law degree from the University of Toronto in 2006 and was called to the Ontario Bar in 2007 after completing her articles with Gowlings. While at the University of Toronto Ms. Pearce was the recipient of the Nancy Park Book prize in Women's Rights in International Law. She also completed a research paper for the HIV/AIDS in Africa project led by Stephen Lewis. Prior to studying law Ms. Pearce completed a Bachelor of Public Affairs and Policy Management with a specialization in Human Rights conferred with Highest Honours from Carleton University in 2003.

Ms. Pearce is a member of the Law Society of Upper Canada, the Canadian Bar Association, the Ontario Bar Association and the Carleton County Law Association. She is also a volunteer with Guluwalk.