This case just decided today:
http://scc-csc.lexum.com/scc-csc/scc...16146/index.do
Thought it was worth noting for the Alberta Justice Brown putting in a good effort at writing some hockey lore into his decision (citing Ken Dryden's book
The Game).
If you read past the first two paragraphs which I am quoting, that's your own fault...because it is as boring as law can be...
Quote:
[1] In wintertime ice hockey is the delight of everyone.[1] Across the country, countless players of all ages take to ice rinks and frozen ponds daily to shoot pucks at the net. Often the puck is stopped or turned aside by a goaltender blocking it with a blocker or catching it with a catcher. This is notoriously difficult business.[2] The goaltender’s attention must remain fixed on the play, and not on off-ice matters. His or her focus must not drift to thoughts of the crowd, missed shots or taunts from opponents. And, certainly, the goaltender should strain to avoid being distracted by the question before the Court in this appeal — being whether, for customs tariff classification purposes, he or she blocks and catches the puck with a “glove, mitten or mitt”, or with an “article of plastics”.
[2] Having considered this question, the Canadian International Trade Tribunal (“CITT”) concluded that certain blockers and catchers imported by the respondent Igloo Vikski Inc. were each classifiable as a “glove, mitten or mitt”. The Federal Court of Appeal, however, held that those blockers and catchers are also classifiable, prima facie, as “articles of plastics”. It referred the matter back to the CITT so that it could apply what the Court of Appeal considered the appropriate analysis for resolving duplicative prima facie classifications. For the reasons that follow, I am of the respectful view that, in so doing, the Federal Court of Appeal erred. I would therefore allow the appeal and restore the decision of the CITT.
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