Y.K.K. Zipper Co. of Canada Ltd., Re, (1975) 7 N.R. 146 (FCA)

JudgeJackett, C.J., Pratte and Urie, JJ.
CourtFederal Court (Canada)
Case DateJanuary 17, 1975
JurisdictionCanada (Federal)
Citations(1975), 7 N.R. 146 (FCA)

YKK Zipper Co., Re (1975), 7 N.R. 146 (FCA)

MLB headnote and full text

Re Y.K.K. Zipper Co. of Canada Ltd.

Indexed As: Y.K.K. Zipper Co. of Canada Ltd., Re

Federal Court of Canada

Jackett, C.J., Pratte and Urie, JJ.

January 17, 1975.

Summary:

This case arose out of a complaint made by the Society of Canadian Slide Fastener Manufacturers to the Anti-Dumping Tribunal. After a hearing the tribunal made a finding that an importer was dumping finished or partly finished zippers in Canada which were "like goods" to zippers produced in Canada. The importer appealed the decision of the Anti-Dumping Tribunal to the Federal Court of Appeal pursuant to s. 28 of the Federal Court Act. S. 28 of the Federal Court Act states: "28. (1) Notwithstanding section 18 or the provisions of any other Act, the Court of Appeal has jurisdiction to hear and determine an application to review and set aside a decision or order, other than a decision or order of an administrative nature not required by law to be made on a judicial or quasi-judicial basis, made by or in the course of proceedings before a federal board, commission or other tribunal, upon the ground that the board, commission or tribunal (a) failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; (b) erred in law in making its decision or order, whether or not the error appears on the face of the record; or (c) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it." The Federal Court of Appeal dismissed the application and affirmed the decision of the Anti-Dumping Tribunal - see paragraphs 14 and 15.

Courts - Topic 4085

Federal Court of Appeal - Jurisdiction of the Federal Court of Appeal respecting decisions of boards - Federal Court Act, s. 28 - The Anti-Dumping Board made a finding that an importer was dumping finished or partly finished zippers in Canada which were "like goods" to zippers produced in Canada - The Federal Court of Appeal stated that such a finding was a finding of fact which should not be disturbed on appeal unless there was no evidence upon which the finding could have been made or that a wrong principle was applied in making the finding - The Federal Court of Appeal dismissed the importer's appeal and affirmed the decision of the Anti- Dumping Board.

Cases Noticed:

Mitsui & Co. Ltd. v. Anti-Dumping Tribunal, [1972] F.C. 944, folld. [para. 12].

Statutes Noticed:

Anti-Dumping Act, R.S.C. 1970, c. A-15, sect. 29(3) [para. 9].

Federal Court Rules, rule 201 [para. 10].

Counsel:

R.S. Gottlieb and M. Kaylor, for Y.K.K. Zipper Co. of Canada Ltd.;

J.L. Shields, for Anti-Dumping Tribunal;

J.M. Coyne, Q.C., for Society of Canadian Slide Fastener Manufacturers.

This appeal was heard by the Federal Court of Appeal at Ottawa, Ontario on January 7, 8 and 17, 1975. Judgment was delivered by the Federal Court of Appeal on January 17, 1975.

The judgment of the Federal Court of Appeal was delivered by URIE, J.

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