I. INTRODUCTION

1. This is a claim that should never have been brought. As Canada has shown throughout these proceedings, the Claimant’s case is meritless. It relies upon distorted legal interpretations of the provisions of NAFTA and allegations that are not supported by any evidence.

2. Moreover, this claim should never have been pursued in the manner that it was by the Claimant. As shown below, the Claimant’s conduct throughout this arbitration has evidenced a disregard for the provisions in NAFTA and a disdain for the procedural rules established by the Tribunal. The Claimant also needlessly complicated the issues and adopted an unnecessarily antagonistic position towards Canada that resulted in nearly every matter, even simple extension requests, requiring resolution by the Tribunal.

3. For these reasons, Canada should be awarded all of its costs in this arbitration, including both its share of the Tribunal’s fees and expenses, and the reasonable costs of its legal representation and assistance. These costs total approximately $6,934 million. In light of the length of the proceedings and the conduct of the Claimant, these costs are reasonable.