Discussion Forum - Misrepresentations in RFP's and Use of a Structured Procurement Strategy
To start this session, Peter Ruby will describe a very recent decision of the Ontario Superior Court of Justice that addressed the failed procurement of a major software system by a Canadian bank. The bank was awarded over $44 million for the vendor’s breach of contract and fraudulent misrepresentations during the RFI process and sales cycle. This case has lessons for vendors and customers, with respect to both how the court assesses their behaviour when a project fails and the effectiveness of contractual limitations of liability.
The second half of our procurement forum Richard Corley will discuss the use of a structured procurement process to accelerate the procurement of services or technologies. The structured procurement process is a hybrid between a tender bid process and a fully negotiated model, and is suitable for use in both public and private sector procurements. It is structured to focus the negotiations on the key elements of the solution and price.
Peter Ruby is a partner at Goodmans and acted as trial counsel for the successful bank in this case. He has a national and international practice focused on business and information technology dispute resolution. Peter is recognized as a leading IT litigator in Chambers Global Guide to The World’s Leading Lawyers for Business, The Canadian Legal Lexpert Directory, Euromoney’s Guide to The World’s Leading Information Technology Lawyers and The Best Lawyers in Canada, and is also recognized by Benchmark Canada: The Guide to Canada’s Leading Litigation Firms and Attorneys in the areas of international arbitration, energy and intellectual property.
He was a law clerk to the Federal Court of Canada, is a Professor of Law (adj.) at the University of Toronto teaching Telecommunications and Internet Law, and was the co-chair of the 2017 World Technology Law Conference in Chicago.
Richard Corley, a partner at Goodmans LLP, and one of the founders of CORE, will lead a discussion of the circumstances under which the tender bid, structured, and fully negotiated procurement models can best be employed, and outline some of the processes and procedures which he has used to expedite procurements using the structured procurement approach. Richard is recognized as a leading lawyer in numerous publications including: The Legal 500 Canada - Leading Individual, Technology, Media and Telecoms, Chambers Global Guide to the World’s Leading Lawyers for Business (IT: Band 1 ranking), Law Business Research's The International Who's Who of Business Lawyers and Legal Media Group's The Best of the Best (IT), The Lexpert /American Lawyer Guide to the Leading 500 Lawyers in Canada (Computer & IT Law), The Canadian Legal Lexpert Directory (Technology Transactions and Computer & IT Law), The Lexpert Guide to the Leading US/Canada Cross-border Corporate Lawyers in Canada and The Best Lawyers in Canada (IT, and Technology Law). Richard has law degrees from Osgoode and Yale Law School, and clerked for Chief Justice McLachlin at the Supreme Court of Canada.
Suite 3400 Bay Adelaide Centre
333 Bay Street, Toronto
7:30 to 8:15 am – Breakfast and networking
8:15 to 9:30 am – Presentations, questions and discussion
9:30 to 10:00 am – Post event coffee and networking