In finding that the non-capital losses of an acquired corporation were from property rather than a business, so that they could not be utilized by the acquirer following the winding-up of the acquired corporation, the Directorate noted that the Ensite presumption was rebuttable and stated:
[T]hroughout its corporate existence, XXXXXXXXXX earned interest income from a loan to an affiliated corporation. In that regard, it appears that XXXXXXXXXX did not have any employees.
Other than that loan, the only other significant asset of XXXXXXXXXX was its investment in shares of the capital stock of its subsidiary XXXXXXXXXX that did not earn any income.