Canadian Pasta Manufacturer's Assn. v. Aurora Importing & Distributing Ltd.
A-473-96
Robertson J.A.
2/8/96
8 pp.
Motion for interim order staying decision of Canadian International Trade Tribunal pending disposition by Court of Appeal of judicial review application-Deputy Minister of National Revenue making preliminary determination, final determination Italian pasta being dumped, injury to Canadian manufacturers likely to result-Provisional duty imposed under Special Measures Import Act, s. 8(1)-Tribunal reaching conclusion at odds with one arrived at by Deputy Minister-Purpose underlying stay application to require Deputy Minister to re-impose and collect provisional duties pending outcome of judicial review application-Decision as to whether stay can be granted requiring contextual approach to Act-Provisional duties not payable until Deputy Minister has made preliminary determination of dumping or subsidizing and demand on importer made-Under Act, s. 8(1)(b), obligation to pay provisional duty ceases on day Tribunal renders finding-Court lacking jurisdiction to grant relief sought by applicant-To grant stay requested by applicant tantamount to making order implicitly, if not expressly, contrary to provision of Act of Parliament-Court having jurisdiction to stay effect of decision rendered by Tribunal, but without jurisdiction to stay reality decision has been rendered-No statutory duty or obligation on Deputy Minister to continue collecting provisional duties-Duty ending once requirement set out in s. 8(1)(b) satisfied-Court lacking jurisdiction to grant order staying decision of Tribunal and requiring Deputy Minister to re-impose provisional duties pending disposition of judicial review application-Motion dismissed-Special Import Measures Act, R.S.C., 1985, c. S-15, s. 8 (1).