Balanceco Canada v. Canada (Border Services Angency)

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.