Docket: A-291-13
Citation: 2014 FCA 217
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CORAM:
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NADON J.A.
WEBB J.A.
SCOTT J.A.
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BETWEEN:
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ANDRITZ HYDRO CANADA INC. AND VA TECH HYDRO CANADA INC.
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Appellants
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and
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THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY
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Respondent
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Heard at Ottawa, Ontario, on September 30, 2014.
Judgment delivered from the Bench at Ottawa, Ontario, on September
30, 2014.
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REASONS FOR JUDGMENT OF THE COURT BY:
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NADON
J.A.
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Docket: A-291-13
Citation:
2014 FCA 217
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CORAM:
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NADON J.A.
WEBB J.A.
SCOTT J.A.
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BETWEEN:
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ANDRITZ HYDRO CANADA INC. AND VA TECH HYDRO CANADA INC.
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Appellants
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and
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THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY
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Respondent
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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on September
30, 2014).
NADON J.A.
[1]
Notwithstanding Mr. Kaylor’s strong arguments to
the contrary, we see no reviewable error on the part of the Canadian
International Trade Tribunal (CITT) when it decided that it would not consider
the appellants’ arguments pertaining to the “incorporated into” component of
the “for use in” definition of subsection 2(1) of the Customs Tariff,
S.C. 1997, c. 36.
[2]
In the CITT’s opinion there was no basis or
justification for the appellants not having raised this issue in their
pre-hearing submissions or their supplementary submissions, noting that the
appellants had only raised the issue during the course of their final
submissions at the end of the hearing which caused the respondent to object on
the ground that it would be unfair and prejudicial to it to allow the
appellants to make their argument.
[3]
In our view, in concluding as they did, it
cannot be said that the CITT improperly or arbitrarily exercised its discretion.
[4]
For these reasons, the appeal will be dismissed
with costs.
“Marc Nadon”
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
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DOCKET:
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A-291-13
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STYLE OF CAUSE:
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ANDRITZ HYDRO
CANADA INC. AND VA TECH HYDRO CANADA INC. v. THE PRESIDENT OF THE CANADA
BORDER SERVICES AGENCY
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PLACE OF
HEARING:
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Ottawa, Ontario
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DATE OF
HEARING:
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September 30, 2014
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REASONS
FOR JUDGMENT OF THE COURT BY:
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NADON J.A.
WEBB J.A.
SCOTT J.A.
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DELIVERED
FROM THE BENCH BY:
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NADON J.A.
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APPEARANCES:
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Michael Kaylor
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For The
Appellants
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Leah Garvin
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For The
Respondent
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SOLICITORS OF RECORD:
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Lapointe Rosenstein
Marchand Mélançon, L.L.P.
Montréal, Quebec
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For The
Appellants
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William F. Pentney
Deputy Attorney General of Canada
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For The
Respondent
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