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Cour d'appel fédérale |
BETWEEN:
and
THE ATTORNEY GENERAL OF CANADA
Heard at Toronto, Ontario, on May 31, 2012.
Judgment delivered from the Bench at Toronto, Ontario, on May 31, 2012.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
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Cour d'appel fédérale |
Date: 20120531
Docket: A-303-11
Citation: 2012 FCA 164
CORAM: NADON J.A.
TRUDEL J.A.
MAINVILLE J.A.
BETWEEN:
STEPHEN ZOLOTOW
Appellant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on May 31, 2012)
[1] Notwithstanding Mr. Freiman’s forceful arguments, we are all of the view that, substantially for the reasons given by Mr. Justice Zinn, s.106(2) and s.135(2) of the Customs Act apply to bar the Appellant’s proceedings for the return of the diamonds seized by the Crown on April 13, 2000, or an accounting for and payment of all proceeds received on the sale of the diamonds.
[2] We are not however to be taken to be endorsing Mr. Justice Zinn’s view that if the officer who effected the seizure did not have reasonable grounds to believe that the Customs Act or its regulations had been contravened, no seizure occurred under s.110 of the Customs Act. That point of law need not be decided to dispose of the appeal.
[3] Accordingly, the appeal will be dismissed with costs.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-303-11
(APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE ZINN DATED JULY 5, 2011, DOCKET NO. T-1075-08)
STYLE OF CAUSE: Stephen Zolotow v
The Attorney General of Canada
PLACE OF HEARING: Toronto, Ontario
REASONS FOR JUDGMENT NADON, TRUDEL &
OF THE COURT BY: MAINVILLE JJ.A.
DELIVERED FROM THE BENCH BY: NADON J.A.
APPEARANCES:
Trevor guy
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FOR THE APPELLANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
Lerners LLP / Heenan Blaikie LLP Toronto, Ontario
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FOR THE APPELLANT
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Deputy Attorney General of Canada Toronto, Ontario
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FOR THE RESPONDENT
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