Bonner T.C.J.:

1 The Appellant appeals from assessments of income tax for the 1994 and 1995 taxation years. The appeals relate to the constitutional validity of the Income Tax Act as a whole and to the validity, having regard to section 15 of the Canadian Charter of Rights and Freedoms, of the system of personal tax credits under subsection 118(1) of the Income Tax Act.

Garon T.C.J.:

1 These appeals are from income tax assessments for the 1989, 1990, 1991 and 1992 taxation years. By his reassessments for the 1990, 1991 and 1992 taxation years, the Minister of National Revenue disallowed the capital gains deduction claimed by the Appellant under subsection 110.6(2.1) of the Income Tax Act, on the basis that the Appellant did not dispose of qualified small business corporation shares.

Bowie T.C.J.:

1 These four appeals, which were heard together on common evidence, arise out of the purchase and subsequent resale of a parcel of land of 40 acres in Halton Hills, in the province of Ontario. The purchase was made by a group of six people, or at least so it appears from the deed of purchase, for the purpose of building family homes. For reasons that I will come to in a moment, that intention failed, and the land was sold some eight years later at a substantial profit.

Iacobucci J.:

Lamarre T.C.J.:

Rowe T.C.J.:

Strayer J.A.:

Rip T.C.J.:

Bowman T.C.J.:

Teskey T.C.J. (orally):

1 HIS HONOUR: The Appellant in his Notice of Appeal wherein he appealed the assessment of income tax for the years 1989, 1990, 1991, 1992 and 1993 elected the informal procedure. The only issue that the Appellant raised at the hearing was whether the Notices of Assessment were effective or not. He made no attempt to challenge the validity of the assessments for the years in question. I can only assume that he had no valid argument against the assessments.