Date: 20111011
Docket: A-291-10
Citation: 2011 FCA 279
CORAM: SEXTON J.A.
STRATAS
J.A.
MAINVILLE J.A.
BETWEEN:
PIÈCES
D'AUTO TRANSIT INC.
Appellant
and
PRESIDENT
OF THE CANADA BORDER SERVICES AGENCY
Respondent
Heard at Ottawa,
Ontario, on October 11,
2011.
Judgment delivered from the Bench at Ottawa, Ontario, on October 11, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: STRATAS
J.A.
Date:
20111011
Docket:
A-291-10
Citation:
2011 FCA 279
CORAM: SEXTON
J.A.
STRATAS J.A.
MAINVILLE
J.A.
BETWEEN:
PIÈCES D'AUTO
TRANSIT INC.
Appellant
and
PRESIDENT OF
THE CANADA BORDER SERVICES AGENCY
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Ottawa, Ontario, on October 11, 2011)
STRATAS J.A.
[1]
This
is an appeal from a decision of the Canadian International Trade Tribunal dated
July 28, 2010 (no. AP-2009-005).
[2]
The
parties are agreed, and we agree, that the standard of review of the Tribunal’s
decision is reasonableness.
[3]
Notwithstanding
the able and passionate arguments of Mr. Kaylor, we do not find the decision
unreasonable.
[4]
Based
on the facts it found (particularly in paragraphs 14-18 and 49 of its decision)
and on the law, the Tribunal reached an outcome that was within the range of
defensibility and acceptability.
[5]
Therefore,
we shall dismiss the appeal with costs.
"David
Stratas"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-291-10
STYLE OF CAUSE: Piéces
D’Auto Transit Inc. v. President of The Canada Border Services Agency
PLACE OF HEARING: Ottawa,
Ontario
DATE OF HEARING: October 11, 2011
REASONS FOR JUDGMENT OF THE
COURT BY: Sexton, Stratas and Mainville JJ.A.
DELIVERED FROM THE BENCH BY: Stratas J.A.
APPEARANCES:
|
Michael Kaylor
|
FOR
THE APPELLANT
|
|
Luc Vaillancourt
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
Lapointe Rosenstein Marchand Melançon, LLP
Montreal, Quebec
|
FOR THE APPELLANT
|
|
Myles J. Kirvan
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|
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