Pièces d'auto Transit Inc. v. Canada (Border Services Agency)
The Tribunal's factual findings and legal application were within a range of defensibility; accordingly the Court dismissed the appeal on the basis that the Tribunal's decision was reasonable.
Source-derived case information.
- Citation
- 2011 FCA 279
- Parties
- Appellant: Pièces d'auto Transit Inc.; Respondent: President of the Canada Border Services Agency
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 11 October 2011
- Procedural Posture
- Appeal From Administrative Tribunal Decision / Decision on Appeal (federal Court of Appeal)
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Standard of Review, Reasonableness, Judicial Deference, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pièces d'auto Transit Inc.
Appellant
President of the Canada Border Services Agency
Respondent
Procedural Posture
Appeal From Administrative Tribunal Decision / Decision on Appeal (federal Court of Appeal)
Legal Issues
- 1 What is the applicable standard of review?
- 2 Was the Canadian International Trade Tribunal's decision unreasonable?
Ratio Decidendi
The Tribunal's factual findings and legal application were within a range of defensibility; accordingly the Court dismissed the appeal on the basis that the Tribunal's decision was reasonable.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Pièces d'auto Transit Inc. v. Canada (Border Services Agency) Court (s) Database Federal Court of Appeal Decisions Date 2011-10-11 Neutral citation 2011 FCA 279 File numbers A-291-10 Decision Content Federal Court of Appeal Cour d'appel fédérale Date: 20111011 Docket: A-291-10 Citation: 2011 FCA 279 CORAM: SEXTON J.A. STRATAS J.A. MAINVILLE J.A. BETWEEN: PIÈCES D'AUTO TRANSIT INC. Appellant and PRESIDENT OF THE CANADA BORDER SERVICES AGENCY Respondent Heard at Ottawa, Ontario, on October 11, 2011. Judgment delivered from the Bench at Ottawa, Ontario, on October 11, 2011. REASONS FOR JUDGMENT OF THE COURT BY: STRATAS J.A. Federal Court of Appeal Cour d'appel fédérale Date: 20111011 Docket: A-291-10 Citation: 2011 FCA 279 CORAM: SEXTON J.A. STRATAS J.A. MAINVILLE J.A. BETWEEN: PIÈCES D'AUTO TRANSIT 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 October 11, 2011) STRATAS J.A. [1] This is an appeal from a decision of the Canadian International Trade Tribunal dated July 28, 2010 (no. AP-2009-005). [2] The parties are agreed, and we agree, that the standard of review of the Tribunal’s decision is reasonableness. [3] Notwithstanding the able and passionate arguments of Mr. Kaylor, we do not find the decision unreasonable. [4] Based on the facts it found (particularly in paragraphs 14-18 and 49 of its decision) and on the law, the Tribunal reached an outcome that was within the range of defensibility and acceptability. [5] Therefore, we shall dismiss the appeal with costs. "David Stratas" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-291-10 STYLE OF CAUSE: Piéces D’Auto Transit Inc. v. President of The Canada Border Services Agency PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: October 11, 2011 REASONS FOR JUDGMENT OF THE COURT BY: Sexton, Stratas and Mainville JJ.A. DELIVERED FROM THE BENCH BY: Stratas J.A. APPEARANCES: Michael Kaylor FOR THE APPELLANT Luc Vaillancourt FOR THE RESPONDENT SOLICITORS OF RECORD: Lapointe Rosenstein Marchand Melançon, LLP Montreal, Quebec FOR THE APPELLANT Myles J. Kirvan Deputy Attorney General of Canada FOR THE RESPONDENT