| Citation: |
ANISMAN v. Canada (BORDER SERVICES AGENCY), 2010 FCA 52, [2010] 1 F.C.R. D-10 |
A-587-08 |
Customs and Excise
Appeal challenging Federal Court decision (2008 FC 1304) dismissing motion for judgment on merits of application for judicial review; cross-appeal challenging Federal Court dismissal of respondents’ motion seeking dismissal of appellant’s judicial review application—Appellant declaring three bottles of wine upon returning to Canada—Canada Border Services Agency (CBSA) collecting from appellant provincial mark-up for remittance to Liquor Control Board of Ontario (LCBO)—Appellant subsequently requesting refund from CBSA, but CBSA denying request—Whether Federal Court having jurisdiction under Federal Courts Act, R.S.C., 1985, c. F-7, s. 18.1 to review CBSA’s decision to collect mark-up from appellant, then CBSA’s refusal to refund mark-up—In collecting mark-up, CBSA’s authority neither federal legislation nor order made pursuant to prerogative power of federal Crown, but rather provincial legislation—CBSA not acting as “federal board, commission, or other tribunal” within meaning of Act, s. 2, but as agent of LCBO, relying on provisions of Liquor Control Act, R.S.O. 1990, c. L.18, relevant by-law—Consequently, Federal Court not having jurisdiction regarding collection of mark-up, CBSA’s refusal to refund mark-up—Appeal dismissed; cross-appeal allowed.
Anisman v. Canada (Border Services Agency) (A-587-08, 2010 FCA 52, Nadon J.A., judgment dated February 19, 2010, 17 pp.)