FEDERAL COURT JURISDICTION
Motion to dismiss judicial review of decision by Canada Border Services Agency (CBSA) to collect Liquor Control Board of Ontario (LCBO) markup on ground Court not having jurisdiction—While CBSA authorized by federal law to act on behalf of LCBO, statutory foundation for doing so found in Liquor Control Act, R.S.O. 1990, c. L.18—Resolution of substantive arguments herein would require Court to interpret provisions of provincial law—CBSA decision to collect markup therefore not falling within scope of Court’s jurisdiction—Applicant’s argument on cross-motion that agreement between Government of Canada, LCBO pertaining to collection of markup not legally valid because not supported by federal legislation requiring further, better submissions from parties—Motion, cross-motion dismissed.
Anisman v. Canada (Border Services Agency) (T-478-08, 2008 FC 1304, Barnes J., order dated November 21, 2008, 13 pp.)