Hyundai Motor Co. et al. v. Canada et al., (1987) 14 F.T.R. 316 (TD)

• Judge: Strayer, J.
• Court: Federal Court (Canada)
• Case Date: August 11, 1987
• Jurisdiction: Canada (Federal)
• Citations: (1987), 14 F.T.R. 316 (TD)

Hyundai Motor Co. v. Can. (1987), 14 F.T.R. 316 (TD)

MLB headnote and full text

Hyundai Motor Company, Hyundai Auto Canada Inc., Hyundai Canada Inc. (applicants) v. the Attorney General of Canada, the Deputy Minister of National Revenue for Customs and Excise, and the Canadian Import Tribunal (respondents)

(No. T-1687-87)

Indexed As: Hyundai Motor Co. et al. v. Canada et al.

Federal Court of Canada

Trial Division

Strayer, J.

August 21, 1987.

Summary:

The applicant automobile manufacturer (Hyundai) applied for various forms of prerogative relief respecting a decision by the Deputy Minister of National Revenue (Customs and Excise) to initiate an investigation of the alleged dumping in Canada of automobiles by Hyundai and a reference by the Deputy Minister to the Canadian Import Tribunal.

The Federal Court of Canada, Trial Division, dismissed Hyundai's application.

Customs - Topic 9623

Anti-dumping legislation - Dumping and subsidy investigations - Initiation of investigation - Review of decision - The Deputy Minister of National Revenue (Customs and Excise) initiated an investigation into the alleged dumping into Canada of automobiles by Hyundai Motor Co. and made a reference to the Canadian Import Tribunal - Hyundai applied to quash the Deputy Minister's decision, alleging errors of law and jurisdiction - The Federal Court of Canada, Trial Division, stated that "it would only be in circumstances where it could be shown that the Deputy Minister or his representative had very clearly committed an error of law, by failing to take into account the legally relevant issues of facts, or by basing his decision solely on facts or issues which as a matter of law were irrelevant, that a court might intervene to quash the decision" - See paragraph 13.

Customs - Topic 9623

Anti-dumping legislation - Dumping and subsidy investigations - Initiation of investigation - Requirement of notice - The Deputy Minister of National Revenue (Customs and Excise) received a complaint respecting the dumping of automobiles in Canada by Hyundai Motor Company - The Deputy Minister decided to initiate an investigation and made a reference to the Canadian Import Tribunal - Hyundai applied to quash the Deputy Minister's actions, arguing that there was a denial of fairness in the Deputy Minister not giving it prior notice of his investigation and reference - The Federal Court of Canada, Trial Division, dismissed the application to quash, holding that there was no statutory or common law requirement of notice, nor was the Deputy Minister's decision made contrary to s. 2(e) of the Canadian Bill of Rights (right to a fair hearing) - See paragraphs 1 to 10.

Cases Noticed:

Chisholm (Ronald A.) Ltd. v. Canada (Deputy Minister of National Revenue for Customs and Excise) et al. (1986), 5 F.T.R. 1, refd to. [para. 6, footnote 1].

Frank W. Horner Ltd. v. Smith, Kline & French Laboratories Ltd. (1983), 52 N.R. 294; 79 C.P.R.(2d) 1 (F.C.A.), refd to. [para. 7, footnote 2].

Restrictive Trade Practices Commission et al. v. Irvine et al., [1987] 1 S.C.R. 181; 74 N.R. 33, refd to. [para. 7, footnote 3].

Guay v. Lafleur, [1965] S.C.R. 12, refd to. [para. 8, footnote 5].

Statutes Noticed:

Canadian Bill of Rights, R.S.C. 1970, Appendix III, sect. 2(e) [paras. 8, 10].

Special Import Measures Act, S.C. 1984, c. 25, sect. 2(9) [para. 12]; sect. 8 [para. 7]; sect. 31(1) [paras. 6, 12]; sect. 37 [para. 10]; sect. 38 [para. 7]; sect. 38(1) [para. 5]; sect. 41 [para. 7]; sect. 42 [paras. 7, 10]; sect. 75 [para. 7].

Counsel:

R.S. Gottlieb and M. Swinwood, for the applicants;

M.F. Ciavaglia, for the respondents, Attorney General of Canada and Deputy Minister of National Revenue for Customs and Excise;

J. Shields, for the respondent, The Canadian Import Tribunal;

John M. Coyne, Q.C., and P.A. Magnus, for the respondents, Ford Motor Co. of Canada Ltd. and General Motors Company of Canada Ltd. (added as parties respondent by order of the Court - August 11, 1987).

Solicitors of Record:

Gottlieb, Kaylor & Stocks, for the applicants;

F. Iacobucci, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondents, the Attorney General of Canada and Deputy Minister of National Revenue for Customs and Excise;

Soloway, Wright, Houston, Greenberg, O'Grady, Morin, for the respondent, The Canadian Import Tribunal;

Osler, Hoskin & Harcourt, for the respondents, Ford Motor Co. of Canada and General Motors Co. of Canada.

This application was heard in Ottawa, Ontario, on August 11, 1987, before Strayer, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on August 21, 1987: