Regarding the taxation of US athletes with employment income earned 40% in Canada and 60% in the US, Gagnon J found that pursuant to the “basic” rules in ITA ss. 2(3) and 4(1)(b) it was necessary to determine their income earned in Canada through the exercise in part of their employment duties there, before applying the income computation rules in inter alia s. 6 and under the RCA rules including the exclusion for RCA contributions pursuant to s. 6(1)(a)(ii) in determining their taxable income earned in Canada. He further stated (at para. 72):
The foregoing is also consistent with the Canada-United States Convention, which provides that Canada can only tax salary, wages, remuneration derived by a resident of the United States for employment services provided in Canada, if the employment is exercised in Canada [citing Art. XV].