The taxpayer was a non-resident UK corporation operating in Canada through a permanent establishment. It claimed capital losses of a related non-resident corporation that was wound up into the taxpayer under s. 88(1.1). The Minister disallowed the deductions on the basis that s. 88(1.1) is only available to Canadian corporations, and the taxpayer was not a "Canadian corporation" under s. 89(1). The taxpayer argued that the definition of "Canadian corporation" discriminated on the basis of nationality, contrary to Article 22 of the Canada-UK tax treaty.
Angers J. found that the definition was not discriminatory in the circumstances, because it excluded non-resident corporations of any nationality. He remarked at para. 44 that "discrimination on the basis of residence does not amount to discrimination on the basis of nationality" for tax treaty purposes. Moreover, he held at paras. 49-50 that the definition was not discriminatory on its face because, under paragraph (b) of the definition, corporations incorporated outside of Canada could qualify as Canadian corporations if they had been resident in Canada since June 18, 1971.