BALANCECO CANADA Appellant v. PRESIDENT OF THE CANADA BORDER SERVICES AGENCY AND J. CHEESE INC., 2014 FCA 132

Date: 20140520 Docket: A-262-13 Citation: 2014 FCA 132 CORAM: SHARLOW J.A. DAWSON J.A. MAINVILLE J.A. BETWEEN: BALANCECO CANADA Appellant and PRESIDENT OF THE CANADA BORDER SERVICES AGENCY AND J. CHEESE INC. Respondents Heard at Ottawa, Ontario, on May 20, 2014. Judgment delivered from the Bench at Ottawa, Ontario, on May 20, 2014. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20140520 Docket: A-262-13 Citation: 2014 FCA 132 CORAM: SHARLOW J.A. DAWSON J.A. MAINVILLE J.A. BETWEEN: BALANCECO CANADA Appellant and PRESIDENT OF THE CANADA BORDER SERVICES AGENCY AND J. CHEESE INC.

Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on May 20, 2014). SHARLOW J.A. [ 1 ] This is an appeal of the decision of the Canadian International Trade Tribunal (AP-2012-036) dismissing for want of jurisdiction a tariff classification decision of the President of the Canada Border Services Agency. [ 2 ] We have not been persuaded that the Tribunal’s decision discloses any error warranting the intervention of this Court. [ 3 ] The appeal will be dismissed with costs to the respondent J Cheese Inc.

The respondent President of the Canada Border Services Agency did not ask for costs. "K. Sharlow" J.A.

FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-262-13 (APPEAL FROM A DECISION OF THE CANADIAN INTERNATIONAL TRADE TRIBUNAL ISSUED FRIDAY, MAY 3, 2013, APPEAL NO. AP-2012-036) STYLE OF CAUSE: BALANCECO CANADA v. PRESIDENT OF THE CANADA BORDER SERVICES AGENCY AND J. CHEESE INC. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: May 20, 2014 REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. DAWSON J.A. MAINVILLE J.A. DELIVERED FROM THE BENCH BY: SHARLOW J.A.

APPEARANCES : David Wilson Anna Turinov For The Appellant Elizabeth Kikuchi For The Respondent President of the canada border services agency Richard Wagner FOR THE RESPONDENT J. CHEESE INC. SOLICITORS OF RECORD : Cavanagh LLP Ottawa, Ontario For The Appellant William F. Pentney Deputy Attorney General of Canada For The Respondent President of the canada border services agency Norton Rose Fulbright Canada LLP Ottawa, Ontario For The Respondent J. CHEESE INC.