The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C52737, 2011 ONCA 622, dated October 4, 2011, is dismissed with costs to the respondent.

CASE SUMMARY International law – International trade and customs – Arbitration – Award – Jurisdiction – Judicial review – Standard of review – Standard of review of decision of arbitration panel under the North American Free Trade Agreement Between the Government of Canada, the Government of Mexico and the Government of the United States (NAFTA) – Review for lack or excess of jurisdiction – NAFTA, chapter 11 – Vienna Convention on the Law of Treaties (Vienna Convention), article 31 – Whether the parties to the NAFTA namely Canada, the United States and Mexico, owe any obligations under NAFTA Chapter Eleven to a producer or investor in its home State, as opposed to an investor in the territory of the host State, the breach of which may give rise to compensable damages – Whether articles 31(3)(b) or 31(3)(c) of the Vienna Convention require a court sitting in review of an international arbitral award to abide by the common agreement or practice of the treaty parties as expressed in submissions made to the court at the time of the review – What is the standard against which an alleged agreement or practice of the treaty parties must be assessed for the purposes of articles 31(3)(b) and 31(3)(c) of the Vienna Convention?