Blue Wave Seafoods Inc. v. The Queen, 2004 DTC 3066, 2004 TCC 553, aff'd 2006 DTC 6155, 2006 FCA 81 -- summary under Paragraph 37(8)(a)

The taxpayer, which in its 1995 and 1996 taxation years was acknowledged by the Minister to be engaged in SR&ED in connection with its efforts in developing new products (surimi and tempura) out of silver hake, was found not to be consuming silver hake in SR&ED activities to the extent that the silver hake represented excess fish purchased by it, i.e., fish that was resold at a loss - notwithstanding that the taxpayer effectively was required to purchase all such silver hake in order to encourage the fishing of the silver hake in the first place.