Tremblay T.C.J.:

1 This appeal was heard under the informal procedure on January 9, 1996 at Québec, Quebec. The hearing was continued on November 6, 1996 after the appellant informed the Attorney General of Canada of his intention of invoking the Canadian Charter of Rights and Freedoms (the “Charter”).

Denault J.A. (Desjardins, Décary, JJ.A., concurring):

1 The Appellant claims the Tax Court judge erred in concluding that the gain realized from the disposition of a property known as Les Terrasses Chavoin, in the taxation years 1989 and 1990, was income in nature and not capital.

2 We have not been persuaded that the Tax Court judge made any palpable or overriding error that would warrant our intervention.

Robertson J.A.:

Marceau J.A.:

1 We are all of the view that the learned Tax Court Judge, on the basis of the evidence before him, did not make any error in coming to the conclusion he reached. The application for judicial review of that conclusion is without merit. The application is therefore dismissed.

Dussault T.C.J.:

1 These appeals were heard under the informal procedure. They are appeals from assessments for the appellant's 1991, 1992 and 1993 taxation years.

2 In assessing the appellant for those years the Minister of National Revenue (“the Minister”) disallowed the deduction of interest paid on money borrowed in 1985 and 1988, the repayment of which was secured in each case by a mortgage on his home.

Hamlyn T.C.J.:

1 Both appeals involve common facts and were therefore heard together.

Mogan T.C.J.:

MacGuigan J.A.:

1 We have not been persuaded that Sarchuk J.T.C.C. made any reviewable error as to the facts in the case at bar. Nor do we believe he overlooked any evidence, and of course the weighing of that evidence was within his sole discretion.

Linden J.A.:

Rip T.C.J.: