Customs and Excise Appeals

Decision Information

Decision Content

Appeal No. AP-2020-005

G. McPhee

v.

President of the Canada Border Services Agency

Order issued
Tuesday, November 3, 2020

 


IN THE MATTER OF an appeal filed under section 67 of the Customs Act, R.S.C. 1985, c. 1 (2nd Supp.);

AND IN THE MATTER OF a letter dated September 14, 2020, from the Canadian International Trade Tribunal directing Mr. G. McPhee to show cause why the above-noted appeal should not be dismissed pursuant to paragraph 29(c) of the Canadian International Trade Tribunal Rules.

BETWEEN

G. MCPHEE

Appellant

AND

THE PRESIDENT OF THE CANADA BORDER SERVICES AGENCY

Respondent

ORDER

WHEREAS the above-noted appeal was filed by Mr. G. McPhee on June 13, 2020, under section 67 of the Customs Act;

AND WHEREAS Mr. G. McPhee is self-represented on the appeal;

AND WHEREAS, by letter dated June 22, 2020, the Canadian International Trade Tribunal directed Mr. G. McPhee to file a brief by August 12, 2020;

AND WHEREAS, by letter dated August 13, 2020, the Tribunal indicated that, should the Tribunal not receive any written communication from Mr. G. McPhee by August 20, 2020, the Tribunal could dismiss his appeal without further notice;

AND WHEREAS, by letter dated August 28, 2020, the Tribunal indicated that, should the Tribunal not receive any written communication from Mr. G. McPhee by September 11, 2020, the Tribunal could dismiss his appeal without further notice;

AND WHEREAS, by letter dated September 14, 2020, the Tribunal wrote to Mr. G. McPhee and directed him to show cause by October 14, 2020, why the appeal should not be dismissed and warned him that failure to show cause would result in the appeal being dismissed without any further proceedings;

AND WHEREAS the Tribunal received no substantive reply to any of the above letters and is obliged to take notice that, despite having been provided with multiple opportunities to do so, Mr. G. McPhee did not file an appellant’s brief as directed by the Tribunal and required by the Canadian International Trade Tribunal Rules (Rules);

THEREFORE, the Tribunal hereby orders that the above-noted appeal be dismissed pursuant to paragraph 29(c) of the Rules.

Georges Bujold

Georges Bujold
Presiding Member

 

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