Blaney McMurtry LLP Barristers & Solicitors

Lisa has diverse litigation and corporate risk management and resolution experience.

On the litigation side, Lisa has significant experience acting for large and small corporations, institutional clients and individuals in commercial and government contract litigation, class proceedings, and environmental and employment disputes.

As part of Lisa’s government procurement litigation practice she was trial counsel for Amertek Inc., a small Canadian company, and its investors in litigation against the Canadian Government and one of its crown corporations, the Canadian Commercial Corporation. Amertek claimed serious misconduct by the government in the negotiation, award and performance of a large US military contract. Following a 5 month trial, in a judgment released in August 2003, the Ontario Superior Court of Justice awarded Amertek judgment in the amount of approximately $90 million, and an award of approximately $7 million to the investors, which included $600,000 for punitive damages.

The Trial Judge, who found the Canadian government had defrauded the US government and engaged in a course of serious misconduct against the plaintiff, including deceit and abuse of process, described the Canadian government’s conduct as “scandalous”.

The Ontario Court of Appeal, in a decision released in July 2005, reversed all of the significant findings of fact by the trial judge and overturned the trial decision relating to the company. The judgment against the individual investors was not appealed and to our knowledge remains the largest judgment against the federal government in a procurement case.

Although the Supreme Court declined to hear Amertek’s appeal, the innovative remedy sought by Amertek - to deprive the government of the value of the benefit it obtained as a result of its misconduct - and the issue of what information is required to be disclosed by government to bidders in pre-contractual negotiations remain critical procurement issues to be determined in the future.

As part of Lisa’s environmental litigation practice, she has also appeared as counsel before environmental tribunals in regulatory appeals and prosecutions and before the Ontario Courts in environmental litigation involving landfill and composting sites, contaminated lands and odour offences.

On the corporate side, Lisa was General Counsel for Zenon Environmental Inc., a public multinational membrane technology company headquartered in Oakville, Ontario from 2002 to 2004. While at Zenon, Lisa dealt with a myriad of legal issues both in Canada, the United States and abroad, involving risk management, patent and trade mark prosecution and enforcement, environmental compliance, sales and marketing, employment, and litigation management. Lisa negotiated and drafted a wide variety of business agreements including technology licenses, distributor and sales representative agreements, employment and consulting contracts, joint venture and teaming agreements, non-disclosure and confidentiality agreements, and public contracts relating to government and military procurements.

Lisa returned to Blaney’s in 2004 to continue her litigation practice and to assist clients with government procurement and other commercial contract disputes. As part of her practice, Lisa also advises companies on public procurement issues, drafts agreements, conducts procurement compliance reviews for both purchasers and suppliers, and advises clients on how to protect their unpatented proprietary information from use and ownership claims by others, including employees, former employees and competitors.

Lisa’s unique understanding and appreciation of both the client and the litigator’s perspective enables her to help clients manage risk by providing effective business solutions and using litigation where beneficial to advance business goals

Lisa has spoken at conferences, written articles and conducted seminars on issues relating to public procurement and environmental law. Lisa presented her paper, “Pre-Contractual Obligations of Government: Good Faith, Fairness and the Doctrine of Superior Knowledge”, at the Osgoode Professional Development Second Conference on Crown Liability held November 15-16, 2005.

In 2006, Lisa also co-wrote with Robert Taylor an article entitled "Overview of Canadian Government Procurement Law" which was published by the American Bar Association in its November 2006 Public Contract Section newsletter The Procurement Lawyer.

Lisa also co-wrote with Robert Taylor an article entitled "When the Court Implies Terms Into Contracts" which was published in the December 2006 issue of Summit Magazine.

Lisa has diverse litigation and corporate risk management and resolution experience.

On the litigation side, Lisa has significant experience acting for large and small corporations, institutional clients and individuals in commercial and government contract litigation, class proceedings, and environmental and employment disputes.

As part of Lisa’s government procurement litigation practice she was trial counsel for Amertek Inc., a small Canadian company, and its investors in litigation against the Canadian Government and one of its crown corporations, the Canadian Commercial Corporation. Amertek claimed serious misconduct by the government in the negotiation, award and performance of a large US military contract. Following a 5 month trial, in a judgment released in August 2003, the Ontario Superior Court of Justice awarded Amertek judgment in the amount of approximately $90 million, and an award of approximately $7 million to the investors, which included $600,000 for punitive damages.

The Trial Judge, who found the Canadian government had defrauded the US government and engaged in a course of serious misconduct against the plaintiff, including deceit and abuse of process, described the Canadian government’s conduct as “scandalous”.

The Ontario Court of Appeal, in a decision released in July 2005, reversed all of the significant findings of fact by the trial judge and overturned the trial decision relating to the company. The judgment against the individual investors was not appealed and to our knowledge remains the largest judgment against the federal government in a procurement case.

Although the Supreme Court declined to hear Amertek’s appeal, the innovative remedy sought by Amertek - to deprive the government of the value of the benefit it obtained as a result of its misconduct - and the issue of what information is required to be disclosed by government to bidders in pre-contractual negotiations remain critical procurement issues to be determined in the future.

As part of Lisa’s environmental litigation practice, she has also appeared as counsel before environmental tribunals in regulatory appeals and prosecutions and before the Ontario Courts in environmental litigation involving landfill and composting sites, contaminated lands and odour offences.

On the corporate side, Lisa was General Counsel for Zenon Environmental Inc., a public multinational membrane technology company headquartered in Oakville, Ontario from 2002 to 2004. While at Zenon, Lisa dealt with a myriad of legal issues both in Canada, the United States and abroad, involving risk management, patent and trade mark prosecution and enforcement, environmental compliance, sales and marketing, employment, and litigation management. Lisa negotiated and drafted a wide variety of business agreements including technology licenses, distributor and sales representative agreements, employment and consulting contracts, joint venture and teaming agreements, non-disclosure and confidentiality agreements, and public contracts relating to government and military procurements.

Lisa returned to Blaney’s in 2004 to continue her litigation practice and to assist clients with government procurement and other commercial contract disputes. As part of her practice, Lisa also advises companies on public procurement issues, drafts agreements, conducts procurement compliance reviews for both purchasers and suppliers, and advises clients on how to protect their unpatented proprietary information from use and ownership claims by others, including employees, former employees and competitors.

Lisa’s unique understanding and appreciation of both the client and the litigator’s perspective enables her to help clients manage risk by providing effective business solutions and using litigation where beneficial to advance business goals

Lisa has spoken at conferences, written articles and conducted seminars on issues relating to public procurement and environmental law. Lisa presented her paper, “Pre-Contractual Obligations of Government: Good Faith, Fairness and the Doctrine of Superior Knowledge”, at the Osgoode Professional Development Second Conference on Crown Liability held November 15-16, 2005.

In 2006, Lisa also co-wrote with Robert Taylor an article entitled "Overview of Canadian Government Procurement Law" which was published by the American Bar Association in its November 2006 Public Contract Section newsletter The Procurement Lawyer.

Lisa also co-wrote with Robert Taylor an article entitled "When the Court Implies Terms Into Contracts" which was published in the December 2006 issue of Summit Magazine.