Federal Court of Appeal Decisions

Decision Information

Balanceco Canada v. Canada (Border Services Angency)

Court (s) Database Federal Court of Appeal Decisions
Date 2014-05-20
Neutral citation 2014 FCA 132
File numbers A-262-13

Decision Content

Date: 20140520

Docket: A-262-13

Citation: 2014 FCA 132

CORAM:

SHARLOW J.A.

DAWSON J.A.

MAINVILLE J.A.

 

BETWEEN:

BALANCECO CANADA

Appellant

and

PRESIDENT OF THE CANADA BORDER SERVICES AGENCY AND J. CHEESE INC.

Respondents

Heard at Ottawa, Ontario, on May 20, 2014.

Judgment delivered from the Bench at Ottawa, Ontario, on May 20, 2014.

REASONS FOR JUDGMENT OF THE COURT BY:

SHARLOW J.A.

 

 

Date: 20140520

Docket: A-262-13

Citation: 2014 FCA 132

CORAM:

SHARLOW J.A.

DAWSON J.A.

MAINVILLE J.A.

 

BETWEEN:

 

BALANCECO CANADA

 

Appellant

 

and

 

PRESIDENT OF THE CANADA BORDER SERVICES AGENCY AND J. CHEESE INC.

 

Respondents

 

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"

J.A.

 

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

Docket:

A-262-13

 

(APPEAL FROM A DECISION OF THE CANADIAN INTERNATIONAL TRADE TRIBUNAL ISSUED FRIDAY, MAY 3, 2013, APPEAL NO. AP-2012-036)

 

STYLE OF CAUSE:

BALANCECO CANADA v. PRESIDENT OF THE CANADA BORDER SERVICES AGENCY AND J. CHEESE INC.

 

 

PLACE OF HEARING:

Ottawa, Ontario

 

DATE OF HEARING:

May 20, 2014

 

REASONS FOR JUDGMENT OF THE COURT BY:

SHARLOW J.A.

DAWSON J.A.

MAINVILLE J.A.

 

DELIVERED FROM THE BENCH BY:

SHARLOW J.A.

APPEARANCES:

David Wilson

Anna Turinov

 

For The Appellant

 

Elizabeth Kikuchi

 

For The Respondent President of the canada border services agency

 

Richard Wagner

FOR THE RESPONDENT J. CHEESE INC.

SOLICITORS OF RECORD:

Cavanagh LLP

Ottawa, Ontario

 

For The Appellant

 

William F. Pentney

Deputy Attorney General of Canada

 

For The Respondent President of the canada border services agency

 

Norton Rose Fulbright Canada LLP

Ottawa, Ontario

For The Respondent J. CHEESE INC.

 

 

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