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Timothy Cullen is a skilled commercial and regulatory litigation lawyer known for his practical advice for clients dealing with government. He advises clients in a range of industries, including heavily regulated sectors such as automotive, energy, and cannabis, on compliance with lobbying and election laws, motor vehicle safety and emissions regulations, and procurement rules. Timothy also provides effective advocacy in contractual disputes, regulatory prosecutions and investigations, procurement litigation, and sports-related disputes.

In addition to advising clients on compliance with Canada’s political and integrity laws, Timothy defends clients who are being investigated or prosecuted for breaches of the federal Lobbying Act, the Canada Elections Act, and provincial, municipal and territorial lobbying and election laws. As a member of McMillan’s White Collar Defence, Fraud & Investigations Group, he performs internal investigations, supports clients faced with search warrants, and defends clients being investigated or prosecuted. He is a co-author of the Canada chapter in Chambers’ Anti-Corruption Global Practice Guide, which provides an overview of current anti-bribery and anti-corruption laws in Canada and their enforcement by Canadian authorities.

As a commercial and regulatory advocate, Timothy has been involved in complex commercial, regulatory and quasi-criminal regulatory proceedings before the Supreme Court of Canada, the Federal Courts, various Ontario courts, the Supreme Court of Yukon, and numerous tribunals. His colleagues seek him out to provide counsel in applications for judicial review before the Federal Court and the Federal Court of Appeal. He has also represented clients in cross-border and domestic commercial arbitrations, and in appeal proceedings before the Court of Arbitration for Sport.

Timothy’s automotive regulatory expertise relating to the Motor Vehicle Safety Act, and the Canadian Environmental Protection Act make him a regular advisor and advocate on behalf of manufacturers advancing their interests with Transport Canada and Environment and Climate Change Canada (vehicle emissions) and responding to requests for information from regulators and law enforcement.

As a member of McMillan’s procurement group, Timothy acts for clients in procurement challenges before the Canadian International Trade Tribunal and in procurement-related litigation in court. He provides advice on the design and conduct of modern competitive procurement processes, and the preparation of procurement solicitation documents. He writes and speaks often about public and private procurement, especially the intersection between procurement and Canada’s integrity laws and policies.

For nearly a decade prior to joining the firm, Timothy served in various roles on Parliament Hill. Over that time, he provided political and policy advice to members of parliament and senators on a range of issues, particularly foreign affairs and international trade. Drawing on this valuable experience, he also serves as a Senior Advisor and General Counsel at McMillan Vantage Policy Group, a full-service, national public affairs firm affiliated with McMillan LLP.

Timothy proudly serves on the Board of the Ottawa Food Bank, and champions fundraising efforts in McMillan’s Ottawa office that support the food bank and other local initiatives tackling food insecurity.



Representative Matters

Selected Decisions:

Arbitrations:

  • Represented a cannabis company in an arbitration dealing with the alleged repudiation of a licence, supply and distribution agreement.
  • Represented a municipality in an arbitration dealing with a breach of contract.

Speaking Engagements

bids&tender's Digital Speaker Series: Trade Treaty Obligations in Canadian Public Sector Procurement

April 27, 2021

Bill 142 – The Construction Lien Amendment Act - Ontario Public Buyers Association/Cooperative Purchasing Group of Waterloo Region

November 2017

Buying Into Change: Updating Your Procurement Process for CETA/CFTA Compliance - Ontario Public Buyers Association/Cooperative Purchasing Group of Waterloo Region

November 2017

Buying Into Change: Updating Your Procurement Process for CETA/CFTA Compliance - Confidential Client (public sector)

October 2017

Buying Into Change: Updating Your Procurement Process for CETA/CFTA Compliance - Ontario University Procurement Management Association

October 2017

Buying Into Change: Updating Your Procurement Process for CETA/CFTA Compliance - Confidential Client (public sector)

June 2017

One of These Things Looks a Lot Like the Other: Procurement Under CETA and the CFTA - eSolutions Group Quarterly User Group Meeting

May 2017

All Hands on Deck: Navigating the Tricky Waters of the Federal Government's New Integrity Regime of Public Procurement - The Canadian Bar Association, Webinar

April 2017

Hot Topics: A Comparative take on the Federal, Ontario and Quebec Regimes - The Commons Seminar on Mastering Public Procurement, Webinar

March 2016

News


Media Mentions


Rankings & Recognitions

  • Queen Elizabeth II Diamond Jubilee Medal
  • 2012–2013 Dean’s Research and Writing Fellow (University of Ottawa Faculty of Common Law)

Directorships & Affiliations

  • County of Carleton Law Association
  • Coaching Association of Canada
  • The Advocates’ Society
  • Board Member, Ottawa Food Bank

Education & Admissions

2015
Called to the Ontario bar
2018
Certificate in Advanced Procurement Law and Practice: Major Projects and TenderingOsgoode Hall Law School
2017
Certificate in Public Procurement Law and PracticeOsgoode Hall Law School
2014
JD (option in international law) cum laudeUniversity of Ottawa
2014
MA International Affairs, Norman Paterson School of International AffairsCarleton University
2010
BA Political Studies and French, First Class StandingUniversity of Prince Edward Island

Publications

Insights by Timothy Cullen (17 Posts)

Featured Insight

Canadians Heading to the Polls in a Federal Election. Is your Business Ready to Comply with the Canada Elections Act and Lobbying Act during the Campaign?

During the election period, for profit and non-profit companies and charities need to be aware of their Canada Elections Act and Lobbying Act obligations.

Read More
Aug 16, 2021
Featured Insight

Supreme Court of Canada Modernizes the Interpretation of Releases

The Supreme Court of Canada in its recent decision determined that releases are to be interpreted using general contract principles and no special rules apply.

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Aug 11, 2021
Featured Insight

Ontario’s Lobbying Watchdog Wants Stronger, Clearer, Lobbyists Registration Act

Ontario's lobbying czar wants changes made to Ontario's lobbying law that will capture more activity and require more corporations and non-profits to comply.

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Aug 10, 2021
Featured Insight

Canada’s new mandatory 100% ZEV target is a rapid charge forward.
What we think this announcement means for OEMs, Canadian industry, and more

Canada has announced a mandatory 2035 target for 100% ZEV sales. McMillan and McMillan Vantage Policy Group share what this may mean for OEMs, industry and more.

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Jul 12, 2021
Featured Insight

Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act or the Criminal Code of Canada?

Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act Criminal Code of Canada?

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Jun 15, 2021
Featured Insight

Is COVID-19 Government Assistance No Strings? No Way! All Lobbyists Have Reporting Requirements

Applying for and/or receiving COVID-19 financial assistance creates reporting obligations for all lobbyists. Have you updated your lobbyist registration lately?

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Apr 19, 2021
Featured Insight

Lobbying Reform Déjà Vu? Canada’s Commissioner of Lobbying Recommends Heightened Obligations for Lobbyists Once Again

Canada’s Commissioner of Lobbying Submits Preliminary Recommendations to House of Commons Committee on federal Lobbying Act reform.

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Mar 19, 2021
Featured Insight

Transport Canada driving forward with administrative monetary penalties under the Motor Vehicle Safety Act

Transport Canada releases an informal consultation as the latest step to creating the new Motor Vehicle Safety Administrative Monetary Penalties Regulations.

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Oct 22, 2020
Featured Insight

Federal Government Wants Provinces Riding Shotgun for ZEV Sales Targets

Federal Min of Transport requests support for federal plan for non-combustion-powered or "zero-emission" vehicles make up 10% of Canadian vehicle sales by 2025

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Feb 6, 2019
Featured Insight

‘Tis the Season – Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts

'Tis the Season - Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts

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Apr 20, 2018
Featured Insight

BC excavator’s court case takes a dig at municipal procurement policies undermined by the CFTA & CETA

Is the use of reprisal clauses (also called litigation exclusion provisions) in municipal procurement policies and tender documents about to hit rock bottom?

Read More
Mar 21, 2018
Featured Insight

Motor Vehicle Safety Act amendments put transport minister in the driver’s seat with new recall, investigation and penalty related powers

Canadian motor vehicle and equipment manufacturers and importers need to be aware of new powers given to Transport Canada.

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Mar 21, 2018

Who ya gonna call (out)? Government of Canada introduces tip line to report federal contract fraud

Who ya gonna call (out)? Government of Canada introduces tip line to report federal contract fraud.

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Apr 20, 2017

In this Great Future, You Can’t Forget Your Past – Update to the Government of Canada’s Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions

In this Great Future, You Cant Forget Your Past – Update to the Government of Canadas Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions

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Apr 6, 2016
Featured Insight

The Impact of New Transatlantic Trade Agreements on Commercial and Investment Transactions

This article was published in Business Law International (September 2015)

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Sep 29, 2015
Featured Insight

For Better or Worse? Canada Updates Procurement Integrity Regime

Canadas Updated Procurement Integrity Regime: Equal Parts Déjà Vu and New

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Aug 4, 2015

Preparing Your Company for a Due Diligence Exercise

Due Diligence is a key step in any purchase and sale of a business. For the Purchaser, the due diligence process is a way to identify potential "deal-killers" or "red flag" issues and assure the purchaser that the purchase of the target's shares or assets is the right decision at the purchase price being offered.

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Jun 10, 2015