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Peter Kirby Associé/Partner Montréal

Peter E. Kirby

Consultant Fasken
That Kirby and his team […] were able to thwart the bureaucracy is not only a tribute to the rule of law and a significant landmark in shaping the relationship going forward between administrative tribunals and public officials, but also a testament to thoughtful strategy, hard work, focused preparation and skilled advocacy, as well as an object lesson in managing complicated, hard-fought litigation against the state within the strictures of clients’ budgets. [Julius Melnitzer, Lexpert Magazine]
Jurisdiction New York, 1995 | Massachusetts, 1994 | Ontario, 1987 | Québec, 1986
Language(s) French, English
Office(s) Montréal
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Overview

Peter E. Kirby provides counsel on all aspects of cross-border trade. He advises on regulatory compliance, trade agreements, and trade remedies such as anti-dumping and countervailing duty actions. His practice extends to international commercial arbitration and investor-state arbitration, customs law, and export and import controls.

Appearing before governmental and administrative agencies and the Federal Court, Peter also represents clients in appellate litigation relating to trade and customs issues.

Peter represents various clients including corporations, state enterprises, and federal and provincial government departments and agencies. He has acted as counsel in several investor-state arbitrations under Chapter Eleven of NAFTA and under the Bilateral Investment Treaties. Peter has also assisted public and private sector clients on investor-state disputes. He has acted as counsel in more than 50 anti-dumping and countervailing duty investigations.

As part of his regulatory practice, Peter advises companies and associations in the food-industry on a wide range of issues including novel food approvals and product recalls.

Peter speaks frequently in Canada and abroad on international trade issues. He has been invited to speak on international law at numerous meetings of the American Bar Association.

Peter is recognized by Chambers as Band 2 in the International Trade/WTO-Canada category in 2017 and named Montréal’s International Trade and Finance Law Lawyer of the Year for 2017 by Best Lawyers. He has been recognized by The American Lawyer and Lexpert as one of Canada’s leading 500 lawyers since 2012.

Achievements

  • Recognized nationwide in Canada in the “Highly Regarded” category, The International Tax Review 2025 to 2026
  • Recognized in International Trade and Finance Law in Montreal, The Best Lawyers in Canada 2006 to 2024
  • Recognized as “Highly Regarded” by World Tax, International Tax Review: World Tax 2022
  • Recognized in the area of International Trade/WTO by Chambers Canada, Chambers Canada 2016 to 2022
  • Recognized in the Canadian Legal Lexpert Directory in International Trade Regulation, Lexpert 2022
  • Recognized in the Canadian Legal Lexpert Directory as Most Frequently Recommended in Commodity Tax/Customs, Lexpert 2022
  • Who's Who Legal: Canada in Trade & Customs Law , Who's Who Legal Canada 2017 to 2021
  • Recognized in the Canadian Legal Lexpert Directory in the area of International Trade Regulation and Commodity Tax and Customs , Lexpert 2017 to 2021
  • Recognized nationwide in Canada in International Trade/WTO, Chambers Global 2020 to 2021
  • Named Lawyer of the Year by Best Lawyers in Canada, 12/31/2020
Lexpert Publication name with laurels Lexpert Recognized in the Canadian Legal Lexpert Directory in International Trade Regulation The Canadian Legal Lexpert Directory is the most comprehensive guide of legal talent in Canada

Experience

  • Gypsum Board from the US Canadian International Trade Tribunal Inquiry, [Case - Confidential Client]
  • Canada (Attorney General) v. Bri-Chem Supply Ltd. 2016 FCA 257 (Federal Court of Appeal), [Case - Confidential Client]
  • Bri-Chem Supply Ltd. v. President, Canada Border Services Agency, CITT Appeal No. AP-2014-017, [Case - Confidential Client]
  • Ever-Green Ecological Services Inc. v. President, Canada Border Services Agency, CITT Appeal No. AP-2014-027, [Case - Confidential Client]
  • Southern Pacific Resource Corp. v. President, Canada Border Services Agency, CITT Appeal No. AP-2014-028, [Case - Confidential Client]
  • BSH Home Appliance Ltd. v. President, Canada Border Services Agency, CITT Appeal No. AP-2013-057, [Case - BSH Home Appliance Ltd.], We represented by BSH Home Appliance Ltd. in an appeal before the Canadian International Trade Tribunal from a decision issued by the President of the Canada Border Services Agency with respect to the tariff classification of seven models of Bosch washers and dryers (the goods in issue). BSH Hom...
  • Aluminium Extrusions from China, Canadian International Trade Tribunal Inquiry, [Case - Confidential Client], Electrolux Canada Corp. was involved in the matter of an expiry review, pursuant to subsection 76.03(3) of the Special Import Measures Act, of the findings made by the Canadian International Trade Tribunal on March 17, 2009, concerning the dumping and subsidizing of aluminium extrusions originati...
  • Frito-Lay Canada Inc. v. President, Canada Border Services Agency, Appeal No. AP-2010-002, [Case - Confidential Client], This was an appeal filed by Frito-Lay Canada Inc. before the Canadian International Trade Tribunal involving the question whether Frito-Lay could make non-revenue amendments to both tariff treatment and classification more than one year after importation. This was the first case of its kind to te...
  • Ultima Foods Inc. v. Canada (Attorney General) T-1931-11 2012 FC 799 (FC), [Case - Ultima, Agropur and Danone], This was an application for judicial review of a decision by the Minister of International Trade to grant import quota to Chobani a U.S. yogurt manufacturer. While the application was unsuccessful, Chobani subsequently abandoned the Canadian market. The Court dismissed the application. Ultima a...

Career & Education

Education

  • LLB McGill University
  • DEA, International Law University of Montpellier
  • BCL McGill University
  • BA (Honours), Economics Concordia University

Memberships & Affiliations

  • Vice-Chairman, Canada Committee, Section of International Law, American Bar Association (2008-2010)
  • Vice-Chairman, International Trade Committee, Section of International Law, American Bar Association (2004-2006)
  • Member, Appeals Advisory Committee of the Canada Customs and Revenue Agency (2001)
  • Member, Editorial Board, North American Corporate Lawyer (2000-2003)
  • Member, Auditor General's Advisory Committee on the Special Examination of the Canadian Dairy Commission (1999-2000)
  • Chairman, Canadian Importers Association, Québec Chapter (1998 to 2000)
  • Member, Canadian Importers Association, National Board of Directors (1998-2000)
  • Member, Canadian Bar Association
  • Member, Canadian Bar Association, Sales and Commodity Tax Committee
  • Member, American Bar Association
  • Member, American Bar Association, International Law Section
  • Member, New York Bar Association
  • Member, New York Bar Association, International Law Section
  • President, Ireland-Canada Chamber of Commerce (1990-1993)
  • Member, The Canadian International Trade Tribunal, Bench and Bar Committee (1995-1999)
  • Member, Auditor General's Advisory Committee on Government Procurement (1995-1996)

Knowledge

  • Looking Ahead to 2025 in International Trade: Trade Tensions, Tariffs, and Supply Chain Vulnerabilities, 1/9/2025
  • U.S. Loses CUSMA/USMCA Dispute on Automobile Origin Rules, 1/19/2023
  • Modernizing Canada’s Digital Trade Policy: Canadian Consultations on a Model Digital Trade Agreement, 8/18/2022
  • The Clock is Ticking for Canadian Exporters to Russia: New Sanctions Affecting Exports of Goods and Services to Russia’s Mining, Energy, and Chemical Industries, 6/14/2022
  • Significant Expansion of Government Powers Under Canada’s Sanctions Laws, 6/9/2022
  • Canada’s Response to Russia and Ukraine: New Sanctions and Export Controls, 2/28/2022
  • Trade Update: Canada-UK Trade Talks Enter New Phase, 12/15/2021
  • FHCP Publishes First of Its Kind Code of Practice Proposal for Food Industry, 4/29/2021
  • Forced Labour in Supply Chains: Canada brings the focus on China, 2/8/2021
  • Preparing For CUSMA - Rules of Origin and Certifying Origin, 5/20/2020

Events

  • Canada et commerce international: où en sommes-nous?, 1/23/2019
  • The World In Flux: Putting International Trade into Perspective for Canadian Business, 11/23/2018
  • Fasken Martineau’s Automotive Summit, 6/6/2016
  • Toronto Fasken Martineau Symposium (4th Edition), 6/5/2014
  • Fasken Martineau Symposium 2014 - Montréal, 5/13/2014
  • Comprehensive Economic and Trade Agreement (CETA) and the Mining and Energy Sectors - Key Issues and Opportunities, 3/1/2014
  • CSR Breakfast Seminar Series, 10/15/2013
  • Dynamic Future for Canada’s and Ontario’s Agriculture, Food and Agri-businesses, 10/16/2012

News

  • Lexpert® ALM 500 Directory 2022 Names 22 Fasken Lawyers, 1/6/2022
  • Fasken Appointed to UK Government’s International Trade Disputes Panel, 2/15/2021
  • Forty-Two Fasken Lawyers Ranked in 2020 Edition of Legal 500 Canada, 11/19/2019
  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018
  • International Tax Review names four Fasken lawyers as Indirect Tax Leaders, 7/23/2018
  • 11 Fasken lawyers are featured in Lexpert’s latest US/Canada Cross-Border Guide, 7/16/2018
  • The 2018 Canadian Legal Lexpert Directory recognizes 200 Fasken lawyers, 4/12/2018
  • Chambers Global 2018 recognizes 54 Fasken lawyers in 19 practice areas firm-wide, 2/19/2018
  • Fasken Doubles Top Tier Rankings in Legal 500 Canada 2018, 12/7/2017
  • Fasken Martineau featured in Lexpert’s Art of the Case for work in Bri-Chem Trilogy, 8/23/2017

Publications

  • Establishinig a Business in Québec: Practical Considerations, 5/24/2018
  • Getting The Deal Through - Mining 2016 - Canada, 7/4/2016
  • Getting The Deal Through - Mining 2015 - Canada, 6/1/2015
  • Getting the Deal Through - Mining 2014 - Canada, 6/30/2014
  • The Canadian-European Comprehensive Free Trade Agreement and the Mining Sector: Key Issues and Opportunities, 6/30/2014
  • Getting the Deal Through – Mining 2013 - Canada, 7/1/2013
  • Getting the Deal Through - Mining 2012 - Canada, 7/1/2012
  • Getting the Deal Through - Mining 2011 - Canada, 7/31/2011
  • Canada-EU Trade (CETA) Negotiations – Racing to the Finish Line, 6/15/2011
  • Canada Seeks to Impose Customs Duties on Management Fees and R&D Payments, 8/31/2009

Speaking Engagements

  • The World In Flux: Putting International Trade into Perspective for Canadian Business, 11/23/2018
  • The World In Flux: Putting International Trade into Perspective for Canadian Business, 11/23/2018
  • Risks and Opportunities in International Trade: What Canadian Business Can Expect in the Next 12 Months, 11/10/2017
  • Economic sanctions, export controls and anti-corruption rules, the oil and gas sections : The Canadian Rules, 3/16/2017
  • Investor Protection under Bilateral Investment Treaties: Choosing a Host Country for the Investment Vehicle, 3/16/2017
  • Sector by sector - A closer look at CETA’s impact in five sectors, 12/19/2016
  • The Customs Rules : Origin and Customs Procedures, 12/14/2016
  • CETA - The Big Picture, 12/12/2016
  • Peter Kirby Discusses the Implications of his victory in the Bri-Chem Trilogy of cases before the Federal Court of Appeal, 11/1/2016
  • How Changes in US-Cuba Sanctions Affect Canadian Business with Cuba, 10/21/2015
Speaker The World In Flux: Putting International Trade into Perspective for Canadian Business Fasken Toronto Mini-Symposium 2018 location location Toronto, ON
Speaker The World In Flux: Putting International Trade into Perspective for Canadian Business Fasken Toronto Mini-Symposium 2018 location location Toronto, ON
Speaker Risks and Opportunities in International Trade: What Canadian Business Can Expect in the Next 12 Months Fasken Toronto Mini-Symposium 2017 location location Toronto, ON