Bidding & Public Procurement Law

Peter Simm’s cases in the field of bidding and public procurement law are reported in two hardcover law reports, as well as being cited in 7 textbooks, two legal periodicals, and an official Report by the U.S. Library of Congress.

Simm researched and wrote the winning factum for the Respondent on two jointly-heard judicial review applications in the Federal Court of Appeal in Symtron (No. 1)  (1999). This case is a leading authority on the standard for judicial review of the Canadian International Trade Tribunal, and was unanimously applied by the Supreme Court of Canada in 2009. Establishing that NAFTA can be used to challenge a flawed governmental procurement process, Symtron (No. 1)  also gives important guidance on CITT powers to award meaningful remedies.

Aside from the SCC, this case is cited in 20 other judicial decisions of which 14 were by appellate courts, most recently the Québec Court of Appeal in 2015.

In Symtron (No. 2)   (2001) – arising out of that same botched procurement process – Simm, as co-counsel, drafted a Statement of Claim against a federal Crown agency, which settled for seven figures (in U.S. dollars).