Francoeur v. Canada
A-346-94
Linden J.A.
6/3/96
4 pp.
Appeal from Trial Division decision dismissing action in damages for loss of business as result of seizure by Customs officials of certain video cassettes imported from United States-Appellant alleging Crown liable because of official's inaccuracy and delay in reporting "forthwith" pursuant to Customs Act, s. 160-Appeal dismissed-No reason for Court to interfere with Trial Judge's finding seizures lawful as official had reasonable grounds to believe video cassettes subject to forfeiture and as no evidence of abuse of authority-Required evidence of causation non- existent and finding of Trial Judge on issue, in consideration of abuse of authority theory, equally applicable to negligence claim, making any further discussion of other negligence issues either by him or by this Court unnecessary-Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, s. 160 (as am. by S.C. 1993, c. 25, s. 88; c. 44, s. 107).