Automed Technologies inc. v. Canada (Border Services Agency)
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Automed Technologies inc. v. Canada (Border Services Agency) Court (s) Database Federal Court of Appeal Decisions Date 2010-09-21 Neutral citation 2010 FCA 236 File numbers A-279-09 Decision Content Date: 20100921 Docket: A-279-09 Citation: 2010 FCA 236 CORAM: NADON J.A. SEXTON J.A. MAINVILLE, J.A. BETWEEN: AUTOMED TECHNOLOGIES INC. Appellant and THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY Respondent Heard at Ottawa, Ontario, on September 21, 2010. Judgment delivered from the Bench at Ottawa, Ontario, on September 21, 2010. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20100921 Docket: A-279-09 Citation: 2010 FCA 236 CORAM: NADON J.A. SEXTON J.A. MAINVILLE J.A. BETWEEN: AUTOMED TECHNOLOGIES INC. Appellant and THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on September 21, 2010) NADON J.A. [1] Notwithstanding Mr. Kaylor’s forceful arguments, we are all of the view that, on the record before us, the Canadian International Trade Tribunal (the “CITT”) made no reviewable error in concluding that the goods in issue should be classified under tariff item no. 3920.99.91, i.e.: “… other plastics… [o]f polymers of tetrafluoroethylene, of epoxide resins, of polyurethanes or of polyvinylidene chloride.” [2] In other words, we have not been persuaded that the CITT’s decision is unreasonable. [3] Consequently, the appeal will be dismissed with costs. “M. Nadon” J.A. FEDERAL COURT …
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Automed Technologies inc. v. Canada (Border Services Agency) Court (s) Database Federal Court of Appeal Decisions Date 2010-09-21 Neutral citation 2010 FCA 236 File numbers A-279-09 Decision Content Date: 20100921 Docket: A-279-09 Citation: 2010 FCA 236 CORAM: NADON J.A. SEXTON J.A. MAINVILLE, J.A. BETWEEN: AUTOMED TECHNOLOGIES INC. Appellant and THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY Respondent Heard at Ottawa, Ontario, on September 21, 2010. Judgment delivered from the Bench at Ottawa, Ontario, on September 21, 2010. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20100921 Docket: A-279-09 Citation: 2010 FCA 236 CORAM: NADON J.A. SEXTON J.A. MAINVILLE J.A. BETWEEN: AUTOMED TECHNOLOGIES INC. Appellant and THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on September 21, 2010) NADON J.A. [1] Notwithstanding Mr. Kaylor’s forceful arguments, we are all of the view that, on the record before us, the Canadian International Trade Tribunal (the “CITT”) made no reviewable error in concluding that the goods in issue should be classified under tariff item no. 3920.99.91, i.e.: “… other plastics… [o]f polymers of tetrafluoroethylene, of epoxide resins, of polyurethanes or of polyvinylidene chloride.” [2] In other words, we have not been persuaded that the CITT’s decision is unreasonable. [3] Consequently, the appeal will be dismissed with costs. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-279-09 STYLE OF CAUSE: AUTOMED TECHNOLOGIES INC. v. THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: September 21, 2010 REASONS FOR JUDGMENT OF THE COURT BY: NADON, SEXTON, MAINVILLE JJ.A. DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Mr. Michael Kaylor FOR THE APPELLANT Mr. Lorne Ptack FOR THE RESPONDENT SOLICITORS OF RECORD: Lapointe Rosenstein Marchand Mélançon LLP Montreal, QC FOR THE APPELLANT Myles J. Kirvan Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca
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