The taxpayer was found guilty of illegal trade practices (conspiring to lessen competition in the fine papers industry) and sentenced to pay fines. In finding that the taxpayer's legal expenses were deductible, Fournier J. stated (p. 1102):
"Believing as I do that the appellant's trade practices in the operations of its business were used and followed for the purpose of earning income from the business, I find that lawful legal fees and costs incurred or made in defending such practices till a final decision on their legality or illegality was reached were made for the purposes of their trade and for the purpose of earning income and were deductible in ascertaining the appellant's taxable income within the meaning of s. 12(1)(a) ..."