The taxpayer received $360,000 (plus costs) in settlement of his claim for damages following the repudiation by a company ("Dynacare") of its agreement to employ him as a senior vice-president.
La Forest J. found that in the absence of any evidence tending to establish what portion of the $360,000 was allocated to compensation for loss of future employment, on the one hand, and compensation for embarrassment, anxiety and inconvenience, on the other hand, no part of the amount could be found to be taxable under s. 3(a) as income from the employment contract.