In August 2009 the taxpayer's wife purchased a home, which had been their principal residence, from the taxpayer in order to convert it to rental property. They implemented substantial touch-ups on the property and rented it for four months starting in December 2010 before it was sold in 2011. The taxpayer claimed losses for 2009 and 2010, which arose from deducting (post-acquisition) mortgage interest, property taxes, insurance and utilities. The Minister denied the deduction of these expenses (whose claiming by the taxpayer rather than his wife was not discussed) on several grounds, including that a rental operation had not commenced until towards the end of 2010.
In allowing the taxpayer's appeal, Campbell J noted the concession in the Minister's pleadings that the taxpayer and his wife were renovating the property between August and December 2009.