Clothes Line Apparel v. Canada (Canada Border Services Agency)
Source text
Clothes Line Apparel v. Canada (Canada Border Services Agency) Court (s) Database Federal Court of Appeal Decisions Date 2009-12-09 Neutral citation 2009 FCA 366 File numbers A-516-08 Decision Content Date: 20091209 Docket: A-516-08 Citation: 2009 FCA 366 CORAM: NOËL J.A. NADON J.A. TRUDEL J.A. BETWEEN: CLOTHES LINE APPAREL, DIVISION OF 2810221 CANADA INC. Appellant and PRESIDENT OF THE CANADA BORDER SERVICES AGENCY Respondent Heard at Ottawa, Ontario, on December 9, 2009. Judgment delivered from the Bench at Ottawa, Ontario, on December 9, 2009. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20091209 Docket: A-516-08 Citation: 2009 FCA 366 CORAM: NOËL J.A. NADON J.A. TRUDEL J.A. BETWEEN: CLOTHES LINE APPAREL, DIVISION OF 2810221 CANADA INC. Appellant and PRESIDENT OF THE CANADA BORDER SERVICES AGENCY Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on December 9, 2009) NADON J.A. [1] We have not been persuaded that the Canadian International Trade Tribunal made any reviewable error when it concluded that the royalty component of the invoices sent to the appellant by Diesel U.S.A. Inc. constituted, within the meaning of subparagraph 48(5)(a)(iv) of the Customs Act, R.S.C. 1985, c.1 (2nd Supp), a condition of sale of the goods at issue. [2] Accordingly, the appeal will be dismissed with costs. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-516-08 STYLE OF CAUSE: CLOTHES LINE APPAREL,…
Full judgment (source text)
Mirrored from decisions.fca-caf.gc.ca — the linked original is authoritative.
Clothes Line Apparel v. Canada (Canada Border Services Agency) Court (s) Database Federal Court of Appeal Decisions Date 2009-12-09 Neutral citation 2009 FCA 366 File numbers A-516-08 Decision Content Date: 20091209 Docket: A-516-08 Citation: 2009 FCA 366 CORAM: NOËL J.A. NADON J.A. TRUDEL J.A. BETWEEN: CLOTHES LINE APPAREL, DIVISION OF 2810221 CANADA INC. Appellant and PRESIDENT OF THE CANADA BORDER SERVICES AGENCY Respondent Heard at Ottawa, Ontario, on December 9, 2009. Judgment delivered from the Bench at Ottawa, Ontario, on December 9, 2009. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20091209 Docket: A-516-08 Citation: 2009 FCA 366 CORAM: NOËL J.A. NADON J.A. TRUDEL J.A. BETWEEN: CLOTHES LINE APPAREL, DIVISION OF 2810221 CANADA INC. Appellant and PRESIDENT OF THE CANADA BORDER SERVICES AGENCY Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on December 9, 2009) NADON J.A. [1] We have not been persuaded that the Canadian International Trade Tribunal made any reviewable error when it concluded that the royalty component of the invoices sent to the appellant by Diesel U.S.A. Inc. constituted, within the meaning of subparagraph 48(5)(a)(iv) of the Customs Act, R.S.C. 1985, c.1 (2nd Supp), a condition of sale of the goods at issue. [2] Accordingly, the appeal will be dismissed with costs. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-516-08 STYLE OF CAUSE: CLOTHES LINE APPAREL, DIVISION OF 2810221 CANADA INC. v. PRESIDENT OF THE CANADA BORDER SERVICES AGENCY PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: December 9, 2009 REASONS FOR JUDGMENT OF THE COURT BY: NOËL, NADON, TRUDEL JJ.A. DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Mr. Michael Kaylor FOR THE APPELLANT Mr. Yannick Landry Mr. Philippe Lacasse FOR THE RESPONDENT SOLICITORS OF RECORD: Lapointe Rosenstein L.L.P. Montreal, QC FOR THE APPELLANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca