B.W. Strassburger Limited v. The Queen, 2004 DTC 3255, 2004 TCC 614 -- summary under Shares

The Minister reassessed the taxpayer for its 1996 year by treating its profits from 52 sales of securities in the year as being on income account and accepting that gains from another 32 dispositions of securities were on account of capital. Rip J. found that the methodology of the Minister in treating shares held 365 days or fewer as on income account, and those held more than 365 days on capital account, "was arbitrary and without any reasonable basis", and allowed the taxpayer's appeal.