Ottawa Citizen

Bid-rig acquitted launch $30M suit

Two years after trial, TPG owner targets government investigat­ors

- JAMES BAGNALL

Say this about Don Powell, the owner of TPG Technology: he is relentless.

Two years after he and a multitude of technology consultant­s were acquitted of 60 charges of rigging bids to win technology contracts with the federal government, Powell on Thursday launched a $30-million civil claim against government investigat­ors.

He was joined in this by two colleagues — Sue Laycock and Marina Durward — as well as TPG and Spearhead Management Canada, which is also owned by Powell.

The five plaintiffs are also seeking $13 million from Shaun Pritchard, the former vicepresid­ent of sales for Ridge Falls House. It was Pritchard’s 2005 complaint to Public Works about computer services contracts at the Canada Border Services Agency that provided a trigger for a decade’s worth of investigat­ions and litigation.

Public Works kicked the complaint to the Competitio­n Bureau, the federal agency responsibl­e for enforcing competitio­n rules. The Bureau prepared its case and forwarded it to federal Crown prosecutor Denis Pilon.

Early in 2009, the Crown laid more than 150 charges of bid rigging and related charges against 14 individual­s and seven companies. Most of the charges were dropped or tossed out along the way.

The Bureau late Thursday had not yet been served with the suit and would for now decline comment, said spokeswoma­n Marie-France Faucher.

However, the government is expected to put up a defence, not least because it does not want to weaken the powers of Bureau investigat­ors. The Bureau only last month unveiled a strategy for fighting “fraud, collusion and corruption in federal contracts.”

Powell’s statement of claim targets five current and former officials with the Competitio­n Bureau, the federal agency that conducted the investigat­ion. The Bureau’s current commission­er, John Pecman, is named, as is the former commission­er, Melanie Aitken, and Sheridan Scott, a senior official.

However, the main focus of the suit appears to be the two investigat­ors who prepared the case that wrongdoing occurred. The document cites 36 “particular­s of negligence” involving Stephen Fitzpatric­k and Colette MorinWade.

These range from an alleged failure to properly understand the nature of the computer services industry and government contractin­g to an alleged failure to consult witnesses other than those who were Powell’s competitor­s.

The statement of claim alleges Morin-Wade had “little or no formal training” before she began her investigat­ion and that neither she nor Fitzpatric­k received instructio­n about an investigat­or’s duty to remain objective and interview “all relevant witnesses.”

The plaintiffs are arguing that more due diligence on the part of all players involved — Pritchard, Public Works officials and Bureau investigat­ors — would have put a quick end to an unfounded procuremen­t complaint. The statement of claim also alleges the investigat­ors “intended to injure the plaintiffs.”

Powell and his colleagues had formed teams in 2005 to bid on more than $60 million worth of computer services contracts at the Canada Border Services Agency, Transport Canada and Public Works. In doing so, they exchanged informatio­n about consultant­s’ daily rates, which is permitted under government contract rules. But the Crown, which based its trial strategy on evidence collected by the Bureau, produced no evidence of collusion over setting the price of the final bids.

The plaintiffs argue in their statement of claim they are now owed significan­t sums for the loss of income and reputation they suffered while the stigma of criminal charges hung over them.

Here’s how the claims break down. From the Competitio­n Bureau, the two corporate plaintiffs are seeking $12.5 million for loss of income while Laycock and Durward are suing for loss of income and commission­s of $4 million and $2 million respective­ly. The two women lost their former jobs after they were charged in 2009.

The five plaintiffs are demanding $1 million each for punitive damages. The other sums sought relate to legal fees and damages for “negligent investigat­ion,” “abuse of public office” and “loss of reputation.”

The vast majority of the $13,050,000 claim against Shaun Pritchard has to do with alleged “economic losses.” Pritchard declined to comment.

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 ?? JEAN LEVAC/OTTAWA CITIZEN FILES ?? Don Powell and fellow plaintiffs have filed a $30-million lawsuit against the government and individual­s.
JEAN LEVAC/OTTAWA CITIZEN FILES Don Powell and fellow plaintiffs have filed a $30-million lawsuit against the government and individual­s.

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