A-244-79
Minister of Industry, Trade and Commerce, C. D.
Arthur, H. R. Wilson, Borys Budny and Millie
Thompson (Appellants) (Respondents)
v.
Dantex Woollen Co. Inc. (Respondent) (Appli-
cant)
Court of Appeal, Jackett C.J., Pratte and Ryan
JJ.—Ottawa, June 6, 1979.
Appeal from Trial Division's decision to restrain respond
ents from interfering with importation of goods by purporting
to invoke a provision of Export and Import Permits Act, when
read with item 47 of Import Control List — Item 47 since
revoked by Order in Ccuncil — Appeal quashed on ground
that it has become moot — Export and Import Permits Act,
R.S.C. 1970, c. E-17 — Import Control List, SORl70-359 as
amended by SOR/79-380, item 47 — Order in Council P.C.
1979-1356 dated May 3, 1979 revoking item 47.
APPEAL.
The following is the judgment of the Court
rendered in English by
JACKETT C.J.: WHEREAS the parties are in
agreement that the judgment of the Trial Division
[supra, page 585] only restrains the respondents
from interfering with the importation of the goods
therein referred to by purporting to invoke a provi
sion of the Export and Import Permits Act, R.S.C.
1970, c. E-17, as it was at the time of that
judgment when read with item 47 of the Import
Control List as it was at that time;
AND WHEREAS the aforesaid item 47 was
revoked by Order in Council P.C. 1979-1356 dated
May 3, 1979 [SOR/79-380];
This appeal is quashed on the ground that it has
become moot, without prejudice to the right of any
party to question any finding of law or fact,
express or implied, on which the judgment of the
Trial Division depends.
The respondent is entitled to be paid its costs of
this appeal by the appellants.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.