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Nordic Laboratories Inc. v. Deputy M.N.R. Customs and Excise

92-T-1636

Reed J.

9/3/93

4 pp.

Application under Customs Act, s. 68 for leave to appeal decision of Canadian International Trade Tribunal-Applicant having arguable case on merits as question of law raised: legal definition of concept "effected" in Customs Act, s. 48(5)(c)-Notice of motion seeking leave to appeal filed on October 13, 1992-Ninety-day-period set out in s. 68(1) expired on October 20, 1992-Leave to appeal application adjourned sine die on November 26, 1992-FCA ruling confering on Trial Division exclusive jurisdiction to deal with appeals under s. 68(1)-Leave to appeal application and appeal application not distinct procedural steps-Leave granted under s. 68(1) activating appeal nunc pro tunc as of date leave to appeal application filed-Application granted-Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, ss. 48(5)(c), 68(1).

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