Sunezco International Inc. v. Deputy M.N.R., Customs and Excise
A-1259-91
Hugessen J.A.
6/5/94
6 pp.
Application for judicial review of Deputy M.N.R.'s final determination of dumping where decided dumping caused no material injury to production in Canada of like goods -- Following Deputy M.N.R.'s determination, Canadian International Trade Tribunal conducted inquiry and determined no material injury caused or likely to be caused -- In meantime, present proceedings have lain dormant -- Court issued order requiring applicant to show why application, now moot, should not be dismissed -- Applicant's fear Deputy M.N.R.'s determination could be used, in future, as evidence of propensity to dump -- Court not concerned with hypothetical future use of ministerial determination -- Court cannot adjourn matter sine die to be brought back at applicant's pleasure -- Important public interest at stake when judges asked to review and set aside decisions of public authorities, and court's ability to respond quickly when called upon in order to protect important and fundamental rights and liberties, would be seriously compromised if proceedings could be kept in limbo at behest of applicant -- As applicants not asking to proceed with matter, application dismissed as moot -- Special Import Measures Act, R.S.C., 1985, c. S-15, ss. 47 (as am. by S.C. 1988, c. 65, s. 34; 1990, c. 8, s. 71), 96.1 (as enacted by S.C. 1988, c. 65, s. 44; 1993, c. 44, s. 220).