International Law

Peter Simm’s cases involving issues of international law are reported in 4 hardcover law reports, the most recent being an appellate decision published in 2017. There is also a significant unreported decision, as well as a notable settlement. All those cases were successful.

Simm drafted the factums in all those cases, and was co-counsel in three.

His cases are cited in 4 textbooks on international law — two on conflict of laws, one on international trade law, and one on international public procurement. Three papers in legal periodicals also cite his cases.

Simm authored a chapter in a book relating to international trade agreements (primarily an economic and policy analysis), and that book is cited in chapters in two other books.

One of Simm’s reported cases – Symtron (No. 1)  (orally argued by M. Margolis & L. Covello) – is a leading authority on the standard for judicial review of the Canadian International Trade Tribunal, and was unanimously applied by the Supreme Court of Canada in 2009. Establishing that NAFTA can be used to challenge a flawed governmental procurement process, Symtron also gives important guidance on CITT powers to award meaningful remedies.

Aside from the SCC, Symtron (No. 1)  is cited in 20 other judicial decisions, of which 14 were by appellate courts, most recently the Federal Court of Appeal in 2018.

In Symtron (No. 2)  (2001) — arising out of that same botched procurement process — Simm, as co-counsel, drafted a Statement of Claim against a federal Crown agency, pursuant to NAFTA Article 1017(1)(d), which settled for seven figures (in U.S. dollars).