Docket: A-262-13
Citation: 2014 FCA 132
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CORAM:
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SHARLOW J.A.
DAWSON J.A.
MAINVILLE J.A.
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BETWEEN:
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BALANCECO CANADA
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Appellant
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and
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PRESIDENT OF THE CANADA BORDER SERVICES AGENCY AND J. CHEESE INC.
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Respondents
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Heard at Ottawa, Ontario, on May 20, 2014.
Judgment delivered from the Bench at Ottawa, Ontario, on May 20,
2014.
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REASONS FOR JUDGMENT OF THE COURT BY:
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SHARLOW
J.A.
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Docket: A-262-13
Citation:
2014 FCA 132
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CORAM:
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SHARLOW J.A.
DAWSON J.A.
MAINVILLE J.A.
|
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BETWEEN:
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BALANCECO CANADA
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Appellant
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and
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PRESIDENT OF THE CANADA BORDER SERVICES AGENCY AND J. CHEESE INC.
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Respondents
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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on May
20, 2014).
SHARLOW J.A.
[1]
This is an appeal of the decision of the
Canadian International Trade Tribunal (AP-2012-036) dismissing for want of
jurisdiction a tariff classification decision of the President of the Canada
Border Services Agency.
[2]
We have not been persuaded that the Tribunal’s
decision discloses any error warranting the intervention of this Court.
[3]
The appeal will be dismissed with costs to the
respondent J Cheese Inc. The respondent President of the Canada Border Services
Agency did not ask for costs.
"K. Sharlow"
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
(APPEAL FROM A DECISION OF THE CANADIAN
INTERNATIONAL TRADE TRIBUNAL ISSUED FRIDAY, MAY 3, 2013, APPEAL NO.
AP-2012-036)
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STYLE OF CAUSE:
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BALANCECO CANADA v. PRESIDENT OF THE CANADA BORDER SERVICES AGENCY AND J. CHEESE INC.
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PLACE OF
HEARING:
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Ottawa, Ontario
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DATE OF
HEARING:
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May 20, 2014
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REASONS
FOR JUDGMENT OF THE COURT BY:
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SHARLOW J.A.
DAWSON J.A.
MAINVILLE J.A.
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DELIVERED
FROM THE BENCH BY:
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SHARLOW J.A.
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APPEARANCES:
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David Wilson
Anna Turinov
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For The
Appellant
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Elizabeth Kikuchi
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For The
Respondent President of the canada border services agency
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Richard Wagner
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FOR THE RESPONDENT J. CHEESE INC.
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SOLICITORS OF RECORD:
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Cavanagh LLP
Ottawa, Ontario
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For The
Appellant
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William F.
Pentney
Deputy
Attorney General of Canada
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For The Respondent President of the canada border services agency
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Norton Rose Fulbright Canada LLP
Ottawa, Ontario
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For The
Respondent J. CHEESE INC.
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