VOLPAK INC. Applicant v. THE PRESIDENT OF THE, 2012 FCA 291
Opinion
Date: 20121113 Docket: A-51-12 Citation: 2012 FCA 291 CORAM: SHARLOW J.A. STRATAS J.A. WEBB J.A. BETWEEN: VOLPAK INC. Applicant and THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY Respondent Heard at Ottawa, Ontario, on November 13, 2012. Judgment delivered from the Bench at Ottawa, Ontario, on November 13, 2012. REASONS FOR JUDGMENT OF THE COURT BY: WEBB J.A. Date: 20121113 Docket: A-51-12 Citation: 2012 FCA 291 CORAM: SHARLOW J.A. STRATAS J.A. WEBB J.A. BETWEEN: VOLPAK INC. Applicant and THE PRESIDENT OF THE
CANADA BORDER SERVICES AGENCY Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on November 13, 2012) WEBB J.A. [ 1 ] This is an application by Volpak Inc. for judicial review of the decision of the Canadian International Trade Tribunal dated February 2, 2012 (EP-2011-002). That decision denied the application of Volpak under
section 60.2 of the Customs Act , R.S.C. 1985 (2d Supp.), c.1, for an extension of time to request (under
section 60 of the Act) that the CBSA re-determine the tariff classification of certain chicken breasts imported by Volpak. [ 2 ] The parties agree, as do we, that the standard of review is reasonableness. [ 3 ] The Tribunal concluded, for reasons stated at paragraphs 27 and 28 of its reasons, that Volpak could have filed its application for an extension of time months earlier than it did. Volpak argues that it was necessarily delayed by the need to assemble acceptable security for the unpaid amounts. The Tribunal was aware of those facts when it reached its conclusion.
That conclusion was reasonably open to the Tribunal on this record. [ 4 ] For these reasons, we will dismiss this application for judicial review with costs. “Wyman W. Webb” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-51-12 STYLE OF CAUSE: Volpak Inc. v. The President of the Canada Border Services Agency PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: November 13, 2012 REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW, STRATAS AND WEBB JJ.A. DELIVERED FROM THE BENCH BY: WEBB J.A. APPEARANCES : Michael Kaylor FOR THE APPLICANT Pierre-Paul Trottier Luc Vaillancourt FOR THE RESPONDENT SOLICITORS OF RECORD : Lapointe Rosenstein Marchand Melançon LLP Montréal, Québec FOR THE APPLICANT William F. Pentney Deputy Attorney General of Canada FOR THE RESPONDENT
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