What is the test for dismissing an appeal?
Canada (Federal), Canada
The following excerpt is from Nowakiwsky v. The Queen, 1998 CanLII 513 (TCC):
The whole of the evidence leads to the conclusion that this appeal cannot succeed. Accordingly judgment shall issue dismissing it. I believe this is consonant with the decision of this Court in Duncan v. M.N.R., 86 DTC 1549. Signed at Ottawa, Canada, this 3rd day of December 1998. "D.H. Christie" A.C.J.T.C.C.
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