October 12, 2011


Ottawa (Canada) - Fasken Martineau, a leading international business law and litigation firm, has identified its top Ottawa legal stories for this month and has seasoned lawyers available to comment.

1) The smart meter and you

The Government of Ontario's smart meter initiative has sparked a wave of controversy and became a source of political rhetoric in the recent provincial election. Critics have questioned the expense and the fact that it is a mandatory program.

This debate raises a number of questions:

• Electrical utilities have operated for decades without smart meters to monitor their customers' power consumption. Why do they need them now?
• Do electric utilities have the legal right to cut power to customers who refuse to accept the installation of a smart meter on their premises?

Fasken Martineau partner Stephen Acker, one of Canada's leading experts in communications and public law, is available to discuss these issues and put Ontario's move to time-of-use electricity billing in perspective.

2) Bid-Rigging and Public Procurement

On October 5, an Ontario judge allowed a case involving allegations of bid-rigging to proceed to trial. The case involves numerous Ottawa area IT companies that provide services to the federal government. It is one of the largest bid-rigging cases in Canadian history and deals with various novel issues.

This case raises several questions of particular interest in the National Capital Region:

• To what extent can companies and consultants bidding on federal government contracts collaborate without violating the Competition Act?
• What should companies and consultants do if the Competition Bureau commences a bid-rigging investigation against them or if they are charged with a bid-rigging offence?

Fasken Martineau partner Peter Mantas, an experienced litigation lawyer, acts as lead counsel for TPG Technology, one of the defendant's in the case. He is available to discuss these broader issues and provide limited comment on the case itself.

3) Resource development on Aboriginal lands

In Canada, the Crown has a duty to consult with, and if appropriate, accommodate, Canada's Aboriginal peoples when resource development and other initiatives are likely to impact their treaty and other rights. The federal government has implemented "universal" guidelines to assist its employees to discharge this duty. Ontario, on the other hand, has only issued guidelines applicable to specific programs.The challenge this poses is particularly evident for Ottawa's junior mining companies when it comes to developing the province's mineral resources.

This raises several questions:

• What are the parameters for private companies in partnering with Aboriginal communities on economic development projects?
• How can private companies ensure that the consultation process with Aboriginal communities assists in satisfying the Crown's requirements?

Fasken Martineau partner Brian McIntomny, a veteran business lawyer who has worked extensively on strategic alliances and business relationships involving private companies, Crown corporations and First Nations, is available to comment.

Members of the media who wish to speak with Stephen Acker, Peter Mantas or Brian McIntomny are asked to contact Stephen Hastings, Director of Communications, at 416 865 4370.

About Fasken Martineau DuMoulin LLP

Fasken Martineau is a leading international business law and litigation firm. With over 675 lawyers, the firm has offices in Vancouver, Calgary, Toronto, Ottawa, Montréal, Québec City, London, Paris and Johannesburg. For additional information, please visit the firm's website at www.fasken.com.