Parker Johnston Industries Ltd. ("Parker Johnston"), one of the largest roofing companies in western Canada, has been one of the first organizations to successfully challenge a number of public procurements issued under the Canadian Free Trade Agreement (CFTA).
The CFTA prohibits direct or indirect discrimination on the basis of province of origin and requires that procurement opportunities remain open, transparent and accessible to all bidders, including those out of province. Parker Johnston’s argument that terms of solicitations requiring adherence to local standards, creating a distinction between domestic and out-of-province suppliers, were in breach of the CFTA’s non-discriminatory regime were upheld in a number of arbitrations held pursuant to provincial procurement challenge mechanisms (the New West Partnership Trade Agreement (NWPTA) in particular). The NWPTA dispute resolution framework is available to bidders from British Columbia, Alberta, Saskatchewan and Manitoba wishing to challenge provinces’ local procurements under the CFTA.
Fasken represents Parker Johnston with a team led by Peter Mantas and including Alexandra Logvin and Gabrielle Cyr.
Jurisdictions
- Ontario
- Alberta
- British Columbia
