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NAFTA - Chapter 11 - Investment

Cases Filed Against the Government of Canada

S.D. Myers Inc. v. Government of Canada

S.D. Myers, Inc., an Ohio corporation that processes and disposes of PCB waste, filed a claim on October 30, 1998 alleging that Canada's ban on the export of PCB wastes from Canada to the United States in late 1995 breached Canada's obligations under Chapter Eleven of the North American Free Trade Agreement.

The Tribunal released its Award on liability on November 13, 2000, which ruled that Canada's actions had breached two of the four obligations under Chapter 11 that were subject to the claim.

On February 8, 2001, Canada filed an application with the Federal Court of Canada seeking review of the tribunal's decision, on the grounds that elements of the decision exceeded the tribunal's jurisdiction and were made in conflict with Canada's public policy.

Hearings were held before the Federal Court of Canada December 1 to 3, 2003. On January 13, 2004 the judge dismissed Canada's application.

Legal Documents (all documents are in pdf)

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