A Canadian-controlled private corporation that was a member of a partnership was not entitled to the enhanced credit under s. 127(10.1). Malone J.A. stated (at p. 5568):
"If Parliament had intended the enhanced investment tax credit in subsection 127(10.1) to be available to members of partnerships, paragraph (e) of the definition of 'investment tax credit' would have been included in the list found in subsection 127(8)."