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Archive For Entries On Foreign trade

The Federal Government Settles AbitibiBowater’s NAFTA Claim

This week, the federal government announced a settlement of a claim under the North American Free Trade Agreement, Can T.S. 1994 No. 2 (“NAFTA”) by AbitibiBowater Inc. (“Abitibi”) against Canada as a result of the dispute between the company and Newfoundland. In 2008, the Newfoundland government hastily expropriated nearly all of Abitibi’s Newfoundland assets after [...]

No Standing: From 9 AM to 4 PM MON to FRI, or in the Case of Northrop Overseas, Never

In Northrop Grumman Overseas Services Corporation Corporation v. Canada, 2009 SCC 50, the SCC planted the legal equivalent of the classic “No Standing” street sign in the grave of Northrop Overseas’ complaint against Public Works. Like its street sign equivalent, standing is a mode of regulating traffic into forums such as courts and administrative bodies. [...]