The taxpayer (an RRSP) was found to hold units of an income fund as a non-qualified investment, so that its income on such units. It argued that it should be permitted to reduce that income by a loss of $129.9 million realized by it on a disposition of the units of that income fund.
Without deciding whether the RRSP had in fact incurred such a loss, the Tax Court concluded that any such loss would not reduce the RRSP’s income from its non-qualified investment because the RRSP regime does not contemplate the deduction of losses suffered within an RRSP.
Monaghan JA indicated that she disagreed with this latter statement, but that it was of no consequence. Such a capital loss, even though recognized as to 100% pursuant to s. 146(10.1), could not be deducted from income from another source, namely, the income from property received from such income fund.