Date: 19980309

     Docket: A-261-95

CORAM:      STRAYER J.A.

         DÉCARY J.A.

         ROBERTSON J.A.

BETWEEN:

     WILMER KLEIN

     Appellant

     (Appellant)

     - and -

     HER MAJESTY THE QUEEN

     Respondent

     (Respondent)

     REASONS FOR JUDGMENT

     (Delivered from the Bench at Regina, Saskatchewan,

     on Monday, March 9, 1998)

[1]      We are all of the view that this appeal must be dismissed. The issues are essentially of fact and we are not persuaded that the learned Tax Court Judge committed any reviewable error. While he may have misperceived certain points of evidence, there was ample basis for him to conclude that the loan agreement was part of a total package in respect of the termination of the appellant"s employment. The onus was on the appellant to demonstrate that the forgiveness of the loan was unrelated to his employment with Canadian Pioneer Management Ltd. It was certainly open to the Tax Court Judge to conclude that this had not been done. His decision clearly turned in part on the credibility of witnesses and even

     Page: 2

though the interpretation of some of the evidence is open to debate, all in all he was in the best position to assess credibility and reach the conclusion of fact, looking at all the circumstances, that the loan agreement was part of a settlement involving a benefit conferred in respect of the appellant"s employment.

[2]      The appeal will therefore be dismissed with costs.

    

     J.A.

     Date: 19980309

     Docket: A-261-95

CORAM:      STRAYER J.A.

         DÉCARY J.A.

         ROBERTSON J.A.

BETWEEN:

     WILMER KLEIN

     Appellant

     (Appellant)

     - and -

     HER MAJESTY THE QUEEN

     Respondent

     (Respondent)

Heard at Regina, Saskatchewan, on Monday, March 9, 1998.

Judgment delivered from the Bench on March 9, 1998.

REASONS FOR JUDGMENT

OF THE COURT DELIVERED BY:      STRAYER J.A.