The taxpayer carried on a bed and breakfast operation in his home. V.A. Miller J. affirmed the Minister's assessment that the taxpayer's business was part of a self-contained domestic establishment, so that the deduction of expenses was limited by s. 18(12). Unlike in Rudiak, the taxpayer's house did not have a separate guest area with its own entrances and facilities. The guests in the present case shared the dining room, kitchen, study and washrooms with the taxpayer and his family.
The Minister's determination that the business use of the home was 25% was reasonable. (The Minister classified the rooms as "100% business use," "shared" and "100% personal use" spaces. By square footage, 18.73% was for 100% business use. The Minister allocated 10% of the 49.22% shared space to business use, based on the business's 10% occupancy rate. This suggested a business use of 23.65%, which approximated 25%.)