Sally A. Gomery

Biography

Sally Gomery is Ottawa Chair of our Litigation Group. Her practice focuses on contractual and construction disputes, procurement issues, insurance and professional liability. Clients who call upon her services include multinational companies in the transportation, high-tech, aerospace, construction, pharmaceutical, retail and professional services industries.

Ms. Gomery works in both French and English and has appeared before trial and appeal courts in Ontario and Quebec as well as the Federal Court of Canada and the Supreme Court of Canada. She has extensive experience in alternative dispute resolution such as arbitration and mediation.

Year of Call

• Ontario Bar, 1995
• Quebec Bar, 1991

Law School

• B.C.L./LL.B., McGill University, 1990

EDUCATION

• B.A.(Hons.), Trinity College, University of Toronto, 1986

Selected Client Work

• Advising companies such as Siemens, Bombardier, IBM Canada, Emergis, SNC-Lavalin and CGI Information Systems and Management Consultants Inc. with respect to existing and prospective contracts with various levels of government across Canada, as well as other public and private companies
• Assisting clients on their rights and obligations during the RFP/RFT process
• Acting for a national health organization mediating a claim against a software company following the failure of client relationship management software
• Taking injunctive procedures and other legal action to prevent the unlawful use of confidential information by former executives
• Leading the legal team which convinced the Canadian International Trade Tribunal to conduct an inquiry into the bid process for a Department of National Defence contract for medical staffing services worth over $450 million
• Defending multijurisdictional class action suits against service providers, tour operators and retailers

Publications

• "To Defend or Not to Defend:  That is not the only question", (co-author Tina Hill), Canadian Journal of Insurance Law, January 2008.
• "Jurisdictional Problems in Internet Disputes:  Are Traditional Rules Enough", (co-authors F. Bachand and others), Uniform Law Conference of Canada, August 1998.
• "Supreme Court of Canada Reverses Course on Procurement Law",  Ogilvy Renault Information Bulletin, February 13, 2007.

Speaking Engagements

• "L'Affaire Double N Earthmovers:  Perspectives civilistes et de la common law," a presentation with Claudia Déry to the Canadian Bar Association, Construction Section, Montréal, October 10, 2007.  
• "Negotiating Confidently and Effectively," a presentation at Women in Leadership Conference, Rideau Club, Ottawa, September 20, 2007.  
• "Latest Developments in RFPs," a presentation to Canadian National Railway, Montreal, June 15, 2007.  
• "Pitfalls in Contracting through Open Negotiation or Tendering," a presentation to Siemens Canada, Toronto, January 3, 2007.  
• "Jurisdiction over Internet Disputes, Managing the Legal and Business Risks of E-Commerce," May 1999, Montreal. 
• "Negotiating Win-Win Solutions," a keynote address at Defining Career Success conference at the Mount Stephen Club,  Montréal, October 18, 2006.  
• "Unhappily Ever After:  The Legacy of K.M. v. H.M.," Insurance Institute, March 2000, Ottawa. 
• "The Principal Contractor: Managing Risk in Quebec, Ontario and Alberta," a presentation with Eric Dunberry, to SNC-Lavalin, Bromont, November 11, 2005.   
• "Enforcement of Quebec Judgments in Ontario," County of Carleton Law Association, November 2000, Montebello, Quebec. 
• "Calls for Tender:  An Overview," a presentation with Eric Dunberry to Emergis Inc., Montreal, October 2005.   
• "May You Live in Interesting Times: The current legal climate and trends in E & O liability for the mutual fund industry in Canada,"  Presentation with Peter Stanford at AON Conference, Manoir Richelieu, September 20, 2004.   
• "Managing Construction Contracts and Tenders for Fun and Profit," a presentation with John Naccarato to PCL Constructors, May 2004. 
• "Le role de l'expert devant les tribunaux et les instances administratives:  Recevabilité, qualification et force probante - et comment trouver et choisir le meilleur expert pour la cause," a presentation with Richard Wagner to the Canadian Bar Association, Ottawa, March 26, 2004.

Memberships and Activities

• The Advocates' Society
• Association des juristes d'expression française de l'Ontario
• County of Carleton Law Association
• Former Instructor on Civil Procedure, Ontario Bar Admissions Course