Case information

Administrative law — Judicial review — Privative clause — Administrative tribunal dismissing appeal — Applicant bringing judicial review application in addition to statutory appeal — Court of Appeal dismissing both appeal and judicial review application — Whether judicial review is available in the face of a partial privative clause — If so, to what extent a partial privative clause ousts judicial review of questions that are not otherwise appealable — Customs Act, R.S.C. 1985, c. 1 (2nd Supp.), s. 68 — Federal Courts Act, R.S.C. 1985, c. F-7, s. 28.

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The Canadian International Trade Tribunal (“CITT”) dismissed the applicant, Best Buy Canada Ltd.’s appeal of the classification of certain goods, wine coolers, for tariff purposes. Best Buy brought both an appeal under a statutory appeal provision and a separate application for judicial review to the Federal Court of Appeal. The Federal Court of Appeal determined that Best Buy’s application for judicial review adopted its submissions made in the appeal, without adding anything else. As such, the judicial review application was dismissed as being needless.