Mr. Downey argued that the name of the goods in issue is misleading. He claimed that, while the name of the goods in issue, Ruger BX-25x2 cartridge magazines, sounds similar to the Ruger BX-25 cartridge magazine, it is not simply “two BX-25 magazines joined together [which] could be separated”.[12] In particular, he submitted that, while the cartridge magazines are manufactured by the same company, they have completely different designs and model numbers.[13]
While Mr. Downey conceded that the goods in issue contain 50 rounds,[14] he argued that the goods in issue were not explicitly listed as being able to function with a semi-automatic handgun. He argued that the CBSA incorrectly relied on the description listed on Cabelas.com for its reference and submitted that the Web site, Brownells.com, from which he purchased the goods in issue lists the goods as being compatible with the .22LR Ruger, 77/22 Rifle, 10/22 Rifle, SR-22Rifle, and Ruger American Rimfire Rifle only.[15] As a result, Mr. Downey argued that the goods in issue should not be classified as prohibited devices under the Criminal Code and the Firearms Regulations.