Canada Forgings Inc. v. Atomic Energy of Canada Limited
Canada Forgings Inc.
Law Firm / Organization
McCarthy Tétrault LLP
Atomic Energy of Canada Limited
  • Original Claim: Canada Forgings sought $18.5 million in damages for claims including defamation and civil conspiracy. Most claims were dismissed, leaving only a procurement law claim.
  • Core Dispute: Canada Forgings alleged AECL unfairly steered a contract for nuclear reactor components (end fitting forgings) to its competitor, Patriot Forge Co., violating a duty of fairness in procurement.
  • Trial Court Ruling: The trial court dismissed Canada Forgings' claims as statute-barred under a two-year limitations period. It also found no breach of procurement law and excluded a Deloitte Report on AECL’s procurement practices.
  • Appeal: Canada Forgings appealed, arguing the trial judge erred in his reasoning and in excluding the Deloitte Report. They sought a new trial or leave to appeal the costs order.
  • Appellate Decision: The Court of Appeal upheld the trial decision, confirming the limitations and procurement rulings. The exclusion of the Deloitte Report was deemed appropriate due to its privileged status. The court dismissed the appeal and denied a new trial.

Successful Party:

  • Atomic Energy of Canada Limited (AECL) was the successful party, as the appeal was dismissed.

Total Monetary Award/Costs:

  • The trial judge awarded AECL $1,837,380.21 in costs.
  • The Court of Appeal added $60,000 for the appeal, bringing the total award to $1,897,380.21.
Court of Appeal for Ontario
COA-23-CV-0135
Corporate & commercial law
$ 1,897,380
Respondent