PIÈCES D'AUTO TRANSIT INC. Appellant v. PRESIDENT OF THE CANADA BORDER SERVICES AGENCY, 2011 FCA 279

Federal Court of Appeal Cour d'appel fédérale 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. 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