Canada v. Domtar Inc., 2009 FCA 218 (2009)

Date: 20090629

Docket: A-473-08

Citation: 2009 FCA 218

CORAM: NOËL J.A.

SHARLOW J.A.

RYER J.A.

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

and ATTORNEY GENERAL OF CANADA

Appellants and

DOMTAR INC. and DOMTAR INDUSTRIES INC.

Respondent s

Heard at Ottawa, Ontario , on June 17, 2009.

Judgment delivered at Ottawa, Ontario , on June 29, 2009.

REASONS FOR JUDGMENT BY: SHARLOW J.A.

CONCURRED IN BY: NOËL J.A.

RYER J.A.

Date: 20090629

Docket: A-473-08

Citation: 2009 FCA 218

CORAM: NOËL J.A.

SHARLOW J.A.

RYER J.A.

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

and ATTORNEY GENERAL OF CANADA

Appellants and

DOMTAR INC. and DOMTAR INDUSTRIES INC.

Respondents

REASONS FOR JUDGMENT

SHARLOW J.A.

[1] The Crown is appealing the order of the Federal Court dismissing its motion to strike the statement of claim of Domtar Inc. and Domtar Industries Inc. (collectively, “Domtar”) in Federal Court File T-216-07. In that statement of claim, Domtar seeks a declaration that section 18 of the Softwood Lumber Products Export Charge Act, 2006 , S.C. 2006, c. 13 (“SLPECA”) is unconstitutional and an order requiring the Crown to repay Domtar approximately $37 million (Cdn) ...

If you are already a vLex customer, Access Here