In finding that all of the fee paid by the taxpayer should be treated as deductible under paragraph 20(1)(dd), Hershfield J. stated (at para. 23):
"Still, had the Respondent raised an allocation issue I would have been prepared to deal with it on the basis that some part of the amount paid was not for a site investigation. The burden of proof in respect of such issue would arguably fall on the Respondent since no specific assumptions were made as to what the services provided were. However, not only did Respondent's counsel not pursue the issue of allocation, she also made it clear at the hearing that there was no alternate position being taken by the Respondent as to that possibility. Further, there was no alternative argument made as to the reasonableness of the expenditure as a site investigation expenditure."