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Date: 19980430


Docket: A-201-97

CORAM:      STRAYER, J.A.

         DESJARDINS, J.A.

         MCDONALD, J.A.

BETWEEN:

     DARSHEN NARANG

     o/s S+D NARANG FARMS

     Appellant

     - and -

     HER MAJESTY THE QUEEN, as

     represented by the Minister of

     Employment and Immigration,

     the Attorney General for Canada

     and the Department of National Revenue

     Respondents

Heard at Vancouver, British Columbia on April 30, 1998

Judgment delivered at Vancouver, British Columbia on April 30, 1998

REASONS FOR JUDGMENT BY:      STRAYER, J.A.


Date: 19980430


Docket: A-201-97

CORAM:      STRAYER, J.A.

         DESJARDINS, J.A.

         MCDONALD, J.A.

BETWEEN:

     DARSHEN NARANG

     o/s S+D NARANG FARMS

     Appellant

     - and -

     HER MAJESTY THE QUEEN, as

     represented by the Minister of

     Employment and Immigration,

     the Attorney General for Canada

     and the Department of National Revenue,

     Respondents

     REASONS FOR JUDGMENT

     (Delivered orally from the Bench at

     Vancouver, B.C. on April 30, 1998)

STRAYER, J.A.

[1]      Notwithstanding the clear and careful submissions of the applicant, we are all of the view that this application must be dismissed.

[2]      To allow this application, we would have had to conclude that the decision of the Tax Court was based on an erroneous finding of fact made in a perverse or capricious manner or without regard to the material before that Court. We are unable so to conclude. There was conflicting evidence before the Tax Court judge, including evidence to support his findings of fact. He had to choose which evidence was credible, and he was in the best position to make that choice, taking the evidence as a whole. There is no basis upon which this Court should interfere with his conclusions.

                             (Sgd.) "B.L. Strayer"

                                 J.A.

Vancouver, British Columbia

April 30, 1998

     FEDERAL COURT OF APPEAL


Date: 19980430


Docket: A-201-97

BETWEEN:

     DARSHEN NARANG

     o/s S+D NARANG FARMS

     Appellant

     - and -

     HER MAJESTY THE QUEEN

     as represented by the Minister

     of Employment and Immigration,

     the Attorney General for Canada

     and the Department of National Revenue

     Respondents

     FEDERAL COURT OF APPEAL

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

DATED:                  April 30, 1998

COURT NO.:              A-201-97

STYLE OF CAUSE:          Darshen Narang and others

                     v.

                     Her Majesty the Queen and others

PLACE OF HEARING:          Vancouver, BC

DATE OF HEARING:          April 30, 1998

REASONS FOR JUDGMENT OF THE COURT BY: STRAYER, J.A.

CONCURRED IN BY:          DESJARDINS, J.A.

                     MCDONALD, J.A.

APPEARANCES:

     Mr. Darshen Narang      for Appellant

     Mr. Brent Paris          for Respondent

SOLICITORS OF RECORD:

     George Thomson          for Respondent

     Deputy Attorney General

     of Canada

    

     REASONS FOR JUDGMENT

    

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