Introduction

In December 2003, a judge of the Federal Court of Canada heard an application from Canada to set aside an award made by a NAFTA Tribunal in: S D Myers, Inc v Canada. The claim involved an investment made by an Ohio-based, PCB waste treatment company in providing its services to Canadian governments and businesses holding PCB wastes. Unlike the USA, Canada did not have a mandatory PCB waste destruction rule, meaning that PCB waste holders could hold on to those wastes as long as they saw fit. At the time of Myers' investment, most waste holders were indeed holding ...