Bowie T.C.J.:

Reed J.:

1 The actions in T-47-91 and T-1134-90 were scheduled to be heard, one after the other, starting on December 1, 1997. At the commencement of the hearing of T-47-91, it was decided that an order should issue that the two actions be heard together on common evidence.

Bowman T.C.J.:

1 At the conclusion of argument counsel asked for an opportunity of speaking to the matter of costs. After I rendered my reasons for judgment, dismissing the appeals, I invited counsel to do so and the matter was dealt with by telephone conference.

Christie A.C.J.T.C.:

1 This appeal was heard under the informal procedure prescribed under section 18 and following sections of the Tax Court of Canada Act. The year under appeal is 1993.

Richard J.:

Nature of the Proceeding

1 This proceeding raises the issue of compliance with subsection 231.2(1) of the Income Tax Act.

McDonald J.A.:

1 This is an appeal by the Crown from a judgment of the Tax Court of Canada permitting the Respondent to deduct payments described as “participatory interest” in an issue of bonds pursuant to paragraph 20(1)(e) of the Income Tax Act[FN1: <p>R.S.C. 1985 (5th Supp.).</p>] .

Bowie T.C.J.:

MacGuigan J.A. (Henry D.J.):

1 This case involves a constitutional challenge to the “inquiry provision,” s. 231.4 of the Income Tax Act, S.C. 1970-71-72, c. 63, as amended (“the Act”), on the basis of ss. 7 and 8 of the Canadian Charter of Rights and Freedoms (“the Charter”).

Watson D.J.T.C.:

1 This appeal, heard under the Informal Procedure in St. John's, Newfoundland on October 3, 1997, concerns the Appellant's 1989, 1990 and 1991 taxation years.

Tardif T.C.J.:

1 This is an appeal under the informal procedure regarding notices of assessment for 1991 and 1992. The applicable statutory provisions are ss. 3, 9, 13, 152, 248(1) and 20(1)(a) of the Income Tax Act (“the Act”).

2 The facts on which the assessments are based are set out in paragraph 6 of the Reply to the Notice of Appeal as follows:

[TRANSLATION]

• (a) the appellant is a notary;