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A-193-79
Imperial Tobacco, Division of Imasco Division (Appellant)
v.
Deputy Minister of National Revenue of Customs and Excise (Respondent)
and
Canadian Textiles Institute (Intervenant)
Court of Appeal, Thurlow C.J., Urie and Ryan JJ.—Ottawa, March 20, 1980.
Customs and excise — Appeal from decision of Tariff Board — Whether filter rods are properly classified as "tex- tile manufactures" — Broader connotation of word "textile" intended — Customs Tariff R.S.C. 1970, c. C-41, Schedule A, Item 56300-1.
APPEAL. COUNSEL:
M. Kaylor for appellant.
E. R. Sojonky for respondent.
J. D. Richard, Q.C. for intervenant.
SOLICITORS:
Gottlieb, Agard, Dupras & Kaylor, Montreal, for appellant.
Deputy Attorney General of Canada for respondent.
Gowling & Henderson, Ottawa, for interve- nant.
The following are the reasons for judgment of the Court delivered orally in English by
THURLOW C.J.: We do not need to hear you Mr. Sojonky and Mr. Richard. We have not been persuaded that the majority of the Tariff Board erred in law in concluding that the filter rods here in question were properly classified as "textile manufactures" within the meaning of item 56300-1 of the Customs Tariff R.S.C. 1970, c. C-41, Schedule A.
In our view there is no common genus and therefore no basis for the application of the ejus- dem generis principle to narrow the apparent sense in which the word "textile" and the expression "all
textile manufactures" are used in the tariff item. Moreover, the use of both the word "woven" and the word "textile" in the same item indicates that these words were not intended to have the same meaning and in the context it is apparent that the word "textile" has a broader connotation.
The appeal therefore fails and will be dismissed.
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