The S.D. Myers Inc. claim was launched in 1998. A tribunal was constituted in 1999 and a number of hearings were held. As of June 2000, the Tribunal had issued 16 preliminary awards. On 13 November 2000, the Tribunal rendered a Merits Award in favour of the investor.

On 21 October 2002, the NAFTA Tribunal issued a damages award for approximately $6.5 million plus interest. The Federal Court of Canada upheld this award on 13 January 2004 and dismissed Canada's application to have the award set aside.