A resident of the US, who had entered into a 6-year employment contract (covering years 20X1 to 20X6) with a Canadian team, suffered a serious injury in the 20X3 season but, pursuant to a guaranteed payment clause in his contract, continued to receive full salary for the remaining contract term notwithstanding that he ceased playing for that team – and was released by that team in 20X4 and hired by a US team in 20X5.
After finding that the guaranteed payments were employment income to him, the Directorate found that they were not taxable in Canada under s. 115(1)(a)(i), stating:
[T]he guaranteed payments for the 20X4, 20X5 and 20X6 seasons did not relate to duties that were performed in Canada during those seasons as he was not physically present to perform these duties.