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The Federal Court dismissed Jing Jing He’s injunction motion, finding no serious issue or irreparable harm and awarding the Attorney General $500 in costs.
Statutory appeal dismissed after the Court found the plaintiff failed to declare two bottles of wine and was given a fair chance to complete his declaration.
The Federal Court erred in holding that a s.135 Customs Act action precludes joinder under Rules 101 and 106; the seized collector coins are ‘goods’ under s.12 of the Customs Act and required declaration irrespective of whether duties were payable; there was no reasonable apprehension of bias; Federal Court’s order dismissing the entire action is quashed in part and the matter is remitted for determination which remaining claims can be dismissed consistent with the finding of contravention of s.12.
Source excerpt
The appeal is dismissed because the Federal Court correctly held that an order lifting a seizure under s.135 of the Customs Act does not authorize exportation without the required permits, the concession relied upon applied only to the state of affairs at the seizure date, and the court cannot grant relief tantamount to an export licence.
Source excerpt
Appeal in a seizure dispute: 381713 B.C. Ltd. proved ownership of the boat on new evidence, but not the trailer, which remained Belco’s property.
The Federal Court dismissed Mr. Cantell’s application to extend time to seek a ministerial decision under the Customs Act, finding the statutory criteria were not met.
The Federal Court held it could not revisit the underlying tax assessments, but it could address enforcement. It found the seizure improper because no Federal Court writ had been obtained.
Assessment of costs in a Customs Act dispute. The officer reduced several tariff items, partially allowed appraisal disbursements, and held the plaintiffs’ settlement offer did not meet Rule 420.
The Supreme Court of Canada held that Nova Scotia’s temperance legislation did not apply to liquor in the custody of the Crown as carrier on Dominion railway premises.
The Supreme Court of Canada dismissed an appeal about a sheriff’s poundage after seizure and notice of an assignment for the benefit of creditors.
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