Investments allocated by the taxpayer to its life insurance fund were in excess of those necessary to meet the risks of the life insurance business carried on by it. Accordingly, the investment income on the excess was free from tax.
Robertson J.A. noted that the argument of the Minister that the decision of the taxpayer to maintain the excess funds in the life insurance business was determinative of the matter amounted to an argument that there should be a subjective standard of "necessity" and not an objective one as established in McCutcheon Farm Ltd. v. The Queen, 91 DTC 5047 (FCTD).