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Motion to strike granted; CBSA President's initiation of anti-dumping investigation is not amenable to judicial review.
The Applicants sought judicial review of the CBSA President's initiation of an anti-dumping investigation under the Special Import Measures Act (SIMA).
The Attorney General of Canada moved to strike the application on the basis that the initiation decision was not amenable to judicial review.
The Federal Court granted the motion to strike, holding that the initiation of an investigation does not affect any legal rights, impose obligations, or cause prejudicial effects, and therefore is not amenable to judicial review.
