British Columbia Vegetable Marketing Commission v. Washington Potato and Onion Assn.
A-435-97
McDonald J.A.
5/11/97
5 pp.
Standard of review-Application for judicial review of Canadian International Trade Tribunal (CITT) order rescinding order that dumping in British Columbia of yellow onions originating in or exported from U.S.A., for use or consumption in B.C. had caused and likely to cause material injury to production of Canadian like goods-Appropriate standard of review-Spectrum of judicial review set out in Pezim v. British Columbia (Superintendent of Brokers), [1994] 2 S.C.R. 557-CITT clearly expert body, however, decisions not protected by true privative clause, but subject to judicial review-Nonetheless, great deference to be shown to Tribunal's decisions particularly when dealing with questions that go to heart of its expertise-Therefore, fourth standard of review falling between reasonableness simpliciter and patent unreasonableness reserved for cases where decision rendered by expert tribunal on issue within its field or expertise and has arrived at higher court by way of application for judicial review-This fourth standard of review requiring more deference to tribunal's findings than that given to tribunals protected by true privative clause-Application dismissed-Although Tribunal erred in mentioning degree to which U.S. onions sold in past only occasionally sold at lower prices, error not patently unreasonable as played relatively small role in final decision of Commission-However, if not for unique facts of present case, reasoning in Canadian Pasta Manufacturer's Association v. Aurora Importing & Distributing Ltd. et al. (1997), 208 N.R. 329 (F.C.A.) would be followed and application for judicial review would be allowed.