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A-244-79
Minister of Industry, Trade and Commerce, C. D. Arthur, H. R. Wilson, Borys Budny and Millie Thompson (Appellants) (Respondents)
v.
Dantex Woollen Co. Inc. (Respondent) (Appli- cant)
Court of Appeal, Jackett C.J., Pratte and Ryan JJ.—Ottawa, June 6, 1979.
Appeal from Trial Division's decision to restrain respond ents from interfering with importation of goods by purporting to invoke a provision of Export and Import Permits Act, when read with item 47 of Import Control List Item 47 since revoked by Order in Ccuncil Appeal quashed on ground that it has become moot Export and Import Permits Act, R.S.C. 1970, c. E-17 Import Control List, SORl70-359 as amended by SOR/79-380, item 47 Order in Council P.C. 1979-1356 dated May 3, 1979 revoking item 47.
APPEAL.
The following is the judgment of the Court rendered in English by
JACKETT C.J.: WHEREAS the parties are in agreement that the judgment of the Trial Division [supra, page 585] only restrains the respondents from interfering with the importation of the goods therein referred to by purporting to invoke a provi sion of the Export and Import Permits Act, R.S.C. 1970, c. E-17, as it was at the time of that judgment when read with item 47 of the Import Control List as it was at that time;
AND WHEREAS the aforesaid item 47 was revoked by Order in Council P.C. 1979-1356 dated May 3, 1979 [SOR/79-380];
This appeal is quashed on the ground that it has become moot, without prejudice to the right of any party to question any finding of law or fact, express or implied, on which the judgment of the Trial Division depends.
The respondent is entitled to be paid its costs of this appeal by the appellants.
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