Searching Content indexed under Sovereign Immunity: Public Sector Government by Blake, Cassels & Graydon LLP ordered by Published Date Descending.
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Federal Court Of Appeal Says There Is No Duty To Consult On Legislation
Does the Crown have a duty to consult when contemplating and introducing legislation that may adversely impact aboriginal rights?
5 Jan 2017
Federal Court Of Appeal Gives Teeth To CITT Procurement Review Process
On October 26, 2007, the Federal Court of Appeal issued a decision that solidifies the ability of foreign companies to initiate procurement complaints under the Agreement on Internal Trade (AIT), an agreement between the Canadian federal government and the provinces intended to regulate trade.
6 Feb 2008
Corn Growers Case: High Deference To Trade Tribunal´s Expertise
On June 5, 2007, the Federal Court of Appeal refused to interfere with a decision of the Canadian International Trade Tribunal (CITT) and, in so doing, recognized a high degree of deference toward the CITT in dealing with complaints of injury caused by subsidized and dumped imports.
25 Jul 2007
Canada Rejects Safeguard Remedy For Bicycles and Barbeques
On Monday, May 29, 2006 Finance Minister Jim Flaherty and International Trade Minister David Emerson announced that Canada will not impose special safeguard duties on imports of bicycles and barbeques, despite the recommendations of the Canadian International Trade Tribunal (CITT).
1 Aug 2006
The Occidental Tourist – Expropriation Claim Tests BIT Efficacy
Occidental Petroleum Corporation (Occidental) filed a request on May 17, 2006 for arbitration claiming USD 1 billion in damages under the Ecuador-U.S. bilateral investment treaty (BIT). The request came two days after Ecuador unilaterally cancelled Occidental’s contracts and assumed control of its oil and gas operations in the country. Occidental claims that the cancellation and additional taxes recently imposed on oil revenues amount to an expropriation of its investment.
28 Jul 2006
Grain Corn Dumping Case Provides Strategic Grist for the Litigation Mill
Canadian trade law counsel have schooled their Canadian manufacturing clients well on the strategic merits of using anti-dumping or countervailing duty litigation to block U.S.-sourced imports as part of a strategy to maintain or grow market share. Recent rulings by the Canadian government on imports of U.S. grain corn, while in some ways simply the latest manifestation of a 20-year battle, point to two often overlooked responses U.S. exporters and their Canadian and U.S. trade advisers can use
12 Jun 2006
Avoiding the Pitfalls – Application of Extra-Territorial U.S. Laws to Canadian Businesses
The consequences of being subject to U.S. laws and the U.S. legal system – including its features of litigation, jury trials and high damage awards – can place a Canadian company unwittingly into a high stakes legal battle in the United States.
12 Jun 2006
Ex Parte Redux - Justice Hughes Revisits Without Notice Injunctions in Copyright Cases
Netbored Inc. v. Avery Holdings Inc. et al., the Federal Court confirmed that ex parte injunctions and Anton Piller orders are only to be granted in exceptional cases and that a party seeking such an order must make "full and frank" disclosure to the Judge hearing the application for the order
22 May 2006
U.S. Company GL Farms Files Nafta Chapter 11 Claim Against Canada
A U.S.-owned exporter of dairy products has just filed a request for arbitration under the North American Free Trade Agreement’s investment chapter, alleging that Canada’s restriction on exports of milk from Ontario are tantamount to expropriation.
4 Apr 2006
New Value For Duty Case Spells Trouble For Non-Resident Importers
On October 6, 2005, the Canadian International Trade Tribunal released its decision in Cherry Stix Ltd. v. President of the Canada Border Services Agency. The CITT’s decision is the first to consider an (until now) untested provision which specifies the circumstances in which a non-resident importer’s acquisition cost could qualify as the appropriate value for duty of imported goods.
16 Nov 2005
AMPS: Six Month Review Results In Improvements To Canada’s Customs Penalty Regime
Importers, brokers, carriers and warehouse operators have been subject to administrative monetary penalties (AMPS) for infractions of customs legislation and regulations, since October 7, 2002. AMPS imposes monetary penalties in proportion to the type, frequency, and severity of the infraction.
26 Nov 2004
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