Europe Displays Inc. v. Canada (Transport)
The Court concluded that the CITT made no findings or reached no conclusion that could be characterized as patently unreasonable and therefore refused to intervene, dismissing the judicial review application with costs.
Source-derived case information.
- Citation
- 2007 FCA 398
- Parties
- Applicant: Europe Displays, Inc.; Respondent: Minister of Transport
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 12 December 2007
- Procedural Posture
- Application for Judicial Review / Appeal to the Federal Court of Appeal (decision on Judicial Review)
- Outcome
- Judicial review application dismissed with costs
- Legal Topics
- Judicial Review, Standard of Review, Patent Unreasonableness, CITT Determinations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Europe Displays, Inc.
Applicant
Minister of Transport
Respondent
Procedural Posture
Application for Judicial Review / Appeal to the Federal Court of Appeal (decision on Judicial Review)
Legal Issues
- 1 Whether the Canadian International Trade Tribunal's determination was patently unreasonable
- 2 Whether the Federal Court of Appeal should intervene and grant relief
Ratio Decidendi
The Court concluded that the CITT made no findings or reached no conclusion that could be characterized as patently unreasonable and therefore refused to intervene, dismissing the judicial review application with costs.
Court Disposition
Judicial review application dismissed with costs
Orders
- Judicial review application dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Europe Displays Inc. v. Canada (Transport) Court (s) Database Federal Court of Appeal Decisions Date 2007-12-12 Neutral citation 2007 FCA 398 File numbers A-88-07 Decision Content Date: 20071212 Docket: A-88-07 Citation: 2007 FCA 398 CORAM: NADON J.A. SEXTON J.A. PELLETIER J.A. BETWEEN: EUROPE DISPLAYS, INC. Applicant and MINISTER OF TRANSPORT Respondent Heard at Toronto, Ontario, on December 12, 2007. Judgment delivered from the Bench at Toronto, Ontario, on December 12, 2007. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20071212 Docket: A-88-07 Citation: 2007 FCA 398 CORAM: NADON J.A. SEXTON J.A. PELLETIER J.A. BETWEEN: EUROPE DISPLAYS, INC. Applicant and MINISTER OF TRANSPORT Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on December 12, 2007) NADON J.A. [1] Notwithstanding Mr. Taylor’s forceful arguments we have not been persuaded that there are any grounds which would justify intervention on our part. [2] We are satisfied that in reaching its ultimate conclusion, the CITT made no findings or reached any conclusion which could be characterized as being patently unreasonable. [3] The judicial review application will therefore be dismissed with costs. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-88-07 (AN APPLICATION FOR JUDICIAL REVIEW IN RESPECT OF A DETERMINATION OF THE CANADIAN INTERNATIONAL TRADE TRIBUNAL DATED JANUARY 16, 2007). STYLE OF CAUSE: EUROPE DISPLAYS, INC. Applicant and MINISTER OF TRANSPORT Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: DECEMBER 12, 2007 REASONS FOR JUDGMENT OF THE COURT BY: (NADON, SEXTON, PELLETIER JJ.A.) DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Robert C. Taylor FOR THE APPELLANT/ APPLICANT Liz Tinker FOR THE RESPONDENT SOLICITORS OF RECORD: Blaney McMurtry LLP Toronto, ON FOR THE APPELLANT/ APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT