Marceau
J.A.:
We
have
not
been
shown
that
this
appeal
could
succeed.
Counsel
for
the
appellant
made
a
skilful
presentation
as
to
a
possible
interpretation
that
the
evidence
could
allow
and
the
conclusion
that
could
be
drawn
from
it,
having
regard
to
the
nature
of
the
transactions
involved.
He
had
some
valid
points,
including
the
one
taken
from
the
fact
that
his
client
had
consented
to
giving
a
loan
to
the
promoters
of
the
scheme.
Nevertheless,
we
do
not
think
that,
as
a
court
of
appeal,
we
are
here
entitled
to
contradict
the
findings
of
fact
and,
indeed,
of
credibility
to
which
the
learned
Tax
Court
judge
arrived.
We
feel
bound
by
his
ultimate
conclusion
to
the
effect
that
the
appellant
has
entered
into
the
tax
shelter
schemes
for
the
sole
purpose
of
seeking
tax
relief
and
in
no
way
with
a
view
to
earning
income
from
a
business
or
property
within
the
meaning
of
paragraph
18(1
)(a)
of
the
Income
Tax
Act.
The
appeal
will
be
dismissed
with
costs.
Appeal
dismissed.
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