... I have prepared this report at the request of the Government of Canada ("Canada") to address issues of California trust law arising in the NAFTA Chapter Eleven arbitration captioned Tennant Energy, LLC v. Government of Canada (PCA Case No. 2018-54), between Canada and Tennant Energy, LLC (the "Claimant" or "Tennant Energy"). In particular, I was asked to address the following issues in my Expert Report:
- the requirements to establish the existence of an orally-created trust under California law, including the evidence necessary to meet these requirements;
- the application of California trust law to the relevant facts in this arbitration; and
- other issues relating to the Claimant's alleged trust under California law.