Volpak Inc. v. Canada Border Services Agency

Volpak Inc. v. Canada Border Services Agency
Court (s) Database
Federal Court of Appeal Decisions
Date
2012-11-13
Neutral citation
2012 FCA 291
File numbers
A-51-12
Decision Content
Date: 20121113
Docket: A-51-12
Citation: 2012 FCA 291
CORAM: SHARLOW J.A.
STRATAS J.A.
WEBB J.A.
BETWEEN:
VOLPAK INC.
Applicant
and
THE PRESIDENT OF THE
CANADA BORDER SERVICES AGENCY
Respondent
Heard at Ottawa, Ontario, on November 13, 2012.
Judgment delivered from the Bench at Ottawa, Ontario, on November 13, 2012.
REASONS FOR JUDGMENT OF THE COURT BY: WEBB J.A.
Date: 20121113
Docket: A-51-12
Citation: 2012 FCA 291
CORAM: SHARLOW J.A.
STRATAS J.A.
WEBB J.A.
BETWEEN:
VOLPAK INC.
Applicant
and
THE PRESIDENT OF THE
CANADA BORDER SERVICES AGENCY
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on November 13, 2012)
WEBB J.A.
[1] This is an application by Volpak Inc. for judicial review of the decision of the Canadian International Trade Tribunal dated February 2, 2012 (EP-2011-002). That decision denied the application of Volpak under section 60.2 of the Customs Act, R.S.C. 1985 (2d Supp.), c.1, for an extension of time to request (under section 60 of the Act) that the CBSA re-determine the tariff classification of certain chicken breasts imported by Volpak.
[2] The parties agree, as do we, that the standard of review is reasonableness.
[3] The Tribunal concluded, for reasons stated at paragraphs 27 and 28 of its reasons, that Volpak could have filed its application for an extension of time months earlier than it did. Volpak argues that it was necessarily delayed by the need to assemble acceptable security for the unpaid amounts. The Tribunal was aware of those facts when it reached its conclusion. That conclusion was reasonably open to the Tribunal on this record.
[4] For these reasons, we will dismiss this application for judicial review with costs.
“Wyman W. Webb”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-51-12
STYLE OF CAUSE: Volpak Inc. v. The President of the Canada Border Services Agency
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: November 13, 2012
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW, STRATAS AND WEBB JJ.A.
DELIVERED FROM THE BENCH BY: WEBB J.A.
APPEARANCES:
Michael Kaylor
FOR THE APPLICANT
Pierre-Paul Trottier
Luc Vaillancourt
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Lapointe Rosenstein Marchand Melançon LLP
Montréal, Québec
FOR THE APPLICANT
William F. Pentney
Deputy Attorney General of Canada
FOR THE RESPONDENT