A-473-81
John Nesrallah (Plaintiff)
v.
The Queen (Defendant)
Court of Appeal, Thurlow C.J., Heald J. and Kerr
D.J.—Ottawa, November 9, 1981.
Judicial review — Customs and excise — Whether the
destruction of liquor or any order from anyone in the Customs
and Excise Branch of Revenue Canada to destroy the liquor or
any decision by any officer of that Branch to order its destruc
tion is an order or a decision which may be reviewed under s.
28 of the Federal Court Act — Application quashed —
Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28.
APPLICATION for judicial review.
COUNSEL:
E. Irani for plaintiff.
A. Fradkin for defendant.
SOLICITORS:
E. Irani, Ottawa, for plaintiff.
Deputy Attorney General of Canada for
defendant.
The following are the reasons for judgment
delivered orally in English by
THURLOW C.J.: We do not need to hear you in
reply Mr. Fradkin.
We are all of the opinion that neither the
destruction of the liquor by Constable J. J. P.
Houle nor any order he may have received from
anyone in the Customs and Excise Branch of
Revenue Canada to destroy the liquor nor any
decision by any officer of that Branch to order its
destruction was an order or decision of the kind
that may be reviewed under section 28 of the
Federal Court Act, R.S.C. 1970 (2nd Supp.),
c. 10. The application under section 28 is therefore
quashed.
* * *
HEALD J. concurred.
* * *
KERR D.J. concurred.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.