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Foreign investment review

Chemtura v. Canada: The Federal Government Successfully Defends NAFTA Claim Resulting from Pesticide Ban

The Canadian government has had mixed results lately in defending itself against NAFTA claims. Recently, Canada agreed to provide compensation in the amount of $130 million to settle the claim of AbitibiBowater Inc. (“Abitibi”). TheCourt.ca commented on this settlement, and given that the actions of the Government of Newfoundland were so clearly in contravention of […]

The Investment Canada Act makes its First Court Appearance

Released last week, the Federal Court decision of The Attorney General of Canada v. United States Steel Corporation 2010 FC 642 addresses the rules governing foreign investment in Canada. Meant to govern partnerships and transactions between Canadian entities and foreign investors, the Investment Canada Act (“Act”) creates a controlled climate for foreigners intending to do […]