Ventilex Competition Bureau’s investigation

May 2017

Client: Ventilex

We are acting for Ventilex in the Competition Bureau’s investigation into bid-rigging in the tendering of private sector ventilation contracts for residential high-rise buildings.

We brought an untested argument at the preliminary inquiry regarding the constituent elements of a “call or request for bids or tenders”. That argument was key to having the Court conclude that there was not sufficient evidence to warrant committing the accused to trial. A certiorari order was later granted by the Superior Court at the Crown’s request and the matter returned before the lower court for further consideration.

The Canadian Competition Bureau is following the matter very closely as it could have an enormous effect on its ability to prosecute bid-rigging in the private sector as a whole.