The taxpayer made U.S. dollar deposits with commercial banks in order to reduce its net borrowing cost under a swap arrangement respecting an investment by the taxpayer in a stamping plant in the Philippines. The swap arrangement in turn resulted from a requirement under Philippines law that it bring foreign currency into the Philippines to finance the stamping plant.
The U.S. dollar deposits were held to be "property used or held by the corporation in the year in the course of carrying on a business" for purposes of the Canadian investment income definition s. 129(4). Wilson J stated:
[T]he test is whether the property was used to fulfill a requirement which had to be met in order to do business. Such property is then truly employed and risked in the business. Here the property was used to fulfill a mandatory condition precedent to trade.