Robertson
J.A.:
This
is
an
appeal
from
a
decision
of
the
Minister
of
National
Revenue
refusing
registration
of
a
pension
plan
under
section
147.1
of
the
Income
Tax
Act.
The
only
issue
before
us
is
whether
the
plan
was
primarily
for
the
benefit
of
a
significant
shareholder,
John
Morgan,
as
of
June
1,
1988.
In
written
argument,
the
appellant
took
the
position
that
the
Minister
disregarded
information
provided
after
the
application
for
registration
of
the
plan
had
been
submitted.
Specifically,
it
was
alleged
that
the
Minister
disregarded
both
oral
and
written
evidence
that
Mr.
Morgan
did
not
own
any
shares
in
the
capital
stock
of
the
appellant,
on
or
after
June
1,
1988
and
that
in
fact
such
share(s)
were
being
held
in
trust
for
certain
employees
of
the
appellant
as
of
that
date.
During
oral
argument
counsel
for
the
appellant
conceded,
and
in
our
opinion
wisely
so,
that
Mr.
Morgan
was
a
significant
shareholder
as
of
the
critical
date.
That
being
the
case
we
are
not
prepared
to
entertain
what
amounts
to
an
alternative
argument
not
raised
in
the
memorandum
and,
accordingly,
the
appeal
must
be
dismissed.
Appeal
dismissed.
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