President's Choice Bank v. The Queen, 2009 TCC 170 -- summary under Paragraph (l)

The registrant ("PC Bank"), a subsidiary of Loblaws, had agreed with a bank (CIBC) for CIBC to provide retail banking services under Loblaws' President's Choice trademark. Lamarre J. found that the related fees paid by PC Bank to CIBC were consideration for arranging for financial services and, therefore, consideration for an exempt supply. Unlike in Royal Bank, the registrant was not merely being paid for "the issuing of points or for granting CIBC exclusive use of PC's trademark"; on the contrary, the evidence showed that the registrant played a "major role in selling attractive financial products to its [customers]" (para. 34). For example, the fees were determined based on the number of new accounts opened under the arrangement, and on the total value of the accounts under the arrangement. The registrant used its leverage to ensure that services under its brand were more attractive than comparable CIBC offerings - for example, offering lower transaction fees. The registrant maintained between 10 and 15 employees to work with CIBC and determine terms to be offered on its financial products.