Y.K.K. Zipper Co. of Canada Ltd., Re, (1975) 7 N.R. 146 (FCA)
Judge | Jackett, C.J., Pratte and Urie, JJ. |
Court | Federal Court (Canada) |
Case Date | January 17, 1975 |
Jurisdiction | Canada (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.
To continue reading
Request your trial-
DeVilbiss (Canada) Ltd., Phelan and Smith Ltd. and Waffle's Electric Ltd. v. Anti-Dumping Tribunal, (1982) 44 N.R. 416 (FCA)
...Mitsui & Co. Ltd. v. Anti-Dumping Tribunal, [1972] F.C. 944, refd. to [para. 8]. Re Y.K.K. Zipper Co. of Canada Ltd., [1975] F.C. 68; 7 N.R. 146, refd. to. [para. Remington Arms of Canada Limited v. Les Industries Valcartier Inc. (1981), 37 N.R. 261, refd. to. [para. 8]. Sarco Canada Li......
-
Canadian National Railways Co. v. Canadian Human Rights Commission, (1985) 61 N.R. 354 (FCA)
...v. Anti Dumping Tribunal (1978), 22 N.R. 175; 91 D.L.R., refd to. [para. 41]. In Re YKK Zipper Co. of Canada Limited, [1975] F.C. 68; 7 N.R. 146, refd to. [para. National Bank of Canada v. Retail Clerks International Union and Canada Labour Relations Board, [1984] 1 S.C.R. 269; 53 N.R. 203,......
-
PPG Industries Ltd. v. Anti-Dumping Tribunal, (1978) 22 N.R. 263 (FCA)
...- The Federal Court of Appeal affirmed the decision of the Anti-Dumping Tribunal. Cases Noticed: Re Y.K.K. Zipper Co. of Canada Limited, 7 N.R. 146; [1975] F.C. 68, appld. [para. Statutes Noticed: Federal Court Act, R.S.C. 1970, 2nd Supp., c. 10, sect. 28. Counsel: R.A. Smith, Q.C. and H.J.......
-
Roberts et al. v. Canada Employment and Immigration Commission and Dubinsky, J. (Umpire), (1985) 60 N.R. 349 (FCA)
...[para. 7]. Armstrong v. The State of Wisconsin, [1973] F.C. 437, refd. to [para. 7]. Re YKK Zipper Co. of Canada Limited, [1975] F.C. 68; 7 N.R. 146, refd. to [para. Boulis v. Minister of Manpower and Immigration, [1974] S.C.R. 875, refd. to [para. 10]. Statutes Noticed: Unemployment Insura......
-
DeVilbiss (Canada) Ltd., Phelan and Smith Ltd. and Waffle's Electric Ltd. v. Anti-Dumping Tribunal, (1982) 44 N.R. 416 (FCA)
...Mitsui & Co. Ltd. v. Anti-Dumping Tribunal, [1972] F.C. 944, refd. to [para. 8]. Re Y.K.K. Zipper Co. of Canada Ltd., [1975] F.C. 68; 7 N.R. 146, refd. to. [para. Remington Arms of Canada Limited v. Les Industries Valcartier Inc. (1981), 37 N.R. 261, refd. to. [para. 8]. Sarco Canada Li......
-
Canadian National Railways Co. v. Canadian Human Rights Commission, (1985) 61 N.R. 354 (FCA)
...v. Anti Dumping Tribunal (1978), 22 N.R. 175; 91 D.L.R., refd to. [para. 41]. In Re YKK Zipper Co. of Canada Limited, [1975] F.C. 68; 7 N.R. 146, refd to. [para. National Bank of Canada v. Retail Clerks International Union and Canada Labour Relations Board, [1984] 1 S.C.R. 269; 53 N.R. 203,......
-
Roberts et al. v. Canada Employment and Immigration Commission and Dubinsky, J. (Umpire), (1985) 60 N.R. 349 (FCA)
...[para. 7]. Armstrong v. The State of Wisconsin, [1973] F.C. 437, refd. to [para. 7]. Re YKK Zipper Co. of Canada Limited, [1975] F.C. 68; 7 N.R. 146, refd. to [para. Boulis v. Minister of Manpower and Immigration, [1974] S.C.R. 875, refd. to [para. 10]. Statutes Noticed: Unemployment Insura......
-
PPG Industries Ltd. v. Anti-Dumping Tribunal, (1978) 22 N.R. 263 (FCA)
...- The Federal Court of Appeal affirmed the decision of the Anti-Dumping Tribunal. Cases Noticed: Re Y.K.K. Zipper Co. of Canada Limited, 7 N.R. 146; [1975] F.C. 68, appld. [para. Statutes Noticed: Federal Court Act, R.S.C. 1970, 2nd Supp., c. 10, sect. 28. Counsel: R.A. Smith, Q.C. and H.J.......