Automed Technologies inc. v. Canada (Border Services Agency)
The Federal Court of Appeal concluded that on the record before it the CITT made no reviewable error in classifying the goods under tariff item no. 3920.99.91 and that the CITT's decision was reasonable; therefore the appeal was dismissed.
Source-derived case information.
- Citation
- 2010 FCA 236
- Parties
- Appellant: Automed Technologies Inc.; Respondent: The President of the Canada Border Services Agency
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 21 September 2010
- Procedural Posture
- Appeal to Federal Court of Appeal / Judgment on Appeal (dismissed)
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Tariff Classification, Standard of Review, Judicial Deference to Administrative Tribunals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Automed Technologies Inc.
Appellant
The President of the Canada Border Services Agency
Respondent
Procedural Posture
Appeal to Federal Court of Appeal / Judgment on Appeal (dismissed)
Legal Issues
- 1 Whether the goods at issue are properly classified under tariff item no. 3920.99.91
- 2 Whether the Canadian International Trade Tribunal's decision was unreasonable and reviewable
Ratio Decidendi
The Federal Court of Appeal concluded that on the record before it the CITT made no reviewable error in classifying the goods under tariff item no. 3920.99.91 and that the CITT's decision was reasonable; therefore the appeal was dismissed.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
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