THE TIMELINE:
2005 June to October: Series of requests for proposals issued for the provision of information technology services at Canada Border Services Agency, Transport and Public Works. Summer: Ridge Falls House of Ottawa, a supplier, complains to Public Works about the process. Sept. 7: Public Works contacts Competition Bureau, which begins to investigate.
2006 Sept. 12: Search warrants are executed to search the offices of TPG Technology and other Ridge Falls House competitors.
2008 June 30: Competition Bureau sends letters to TPG and others, warning that charges of bid-rigging are imminent. July 2: Bureau refers matter to Director of Public Prosecutions. Dec. 23: Public Works tells companies they will be barred from future business when charges are laid. TPG lawyers convince the department to backtrack, arguing this amounts to presumption of guilt.
2009
Feb. 17: Bureau announces criminal bid-rigging and conspiracy charges against 14 individuals and seven companies: Barry Dowdall, Marina Durward, Perry Henningsen, Shannon Lambert, Susan Laycock, Wendie Loudon, Theodore Martin, Philip McDonald, Kevin O’Rourke, David Gelineau, Don Powell, Thomas Townsend, Ronald Walker, David Watts, Brainhunter Inc., The Devon Group Ltd., Donna Cona Inc., Nortak Software Ltd., Tipacimowin Technology Inc., Spearhead Management Canada Ltd. and TPG Technology. Feb. 23: Shannon Lambert pleads guilty to one count of bid-rigging. She co-operates with the Crown in preparation for the upcoming criminal trial and receives a discharge. Judge signs order committing Veritaaq to implement a compliance program educating its employees about bidrigging offences.
June 9: Theodore Martin, the former owner of TRM Technologies, pleads guilty, pays $25,000. TRM was not charged.
2010 Aug. 25: TPG president Don Powell files an amended claim against the Bureau for defamation, seeking $125 million in damages.
2011 Oct. 5: Ontario Superior Court Justice Ann Alder rules, after a preliminary inquiry, that the Competition Bureau’s bid-rigging case against several Ottawa-area companies should be heard at full trial. Alder dismisses charges against Kevin O’Rourke, Nortak Software, and Tipacimowin Technology for lack of evidence. Crown had earlier dropped charges against Wendie Loudon.
2012 July 18: Ontario Superior Court dismisses appeal of Alder’s ruling that the case should go to trial.
2013
April 2: Ontario Court of Appeal upholds Superior Court ruling.
June 19: Tipacimowin Technology launches constitutional challenge to Section 47 of the Competition Act under Section 7 of the charter of rights. Claims it’s “a vague law” that should be “struck down.” Challenge is later withdrawn.
2014 Sept. 8: Beginning of trial.
2015 Feb.: Judge Warkentin dismisses charges against David Watts in a directed verdict.
April: Crown stays conspiracy charges against six remaining individuals. Bid-rigging charges remain.
April 27: Jury acquits on all 60 remaining charges.
May 25: Crown says it won’t appeal the jury verdict. It also dropped its appeal against a directed verdict of not guilty for David Watts.
May 26: Crown stays proceedings against five remaining defendants.