The taxpayer was one of a number of investors in a multiple unit residential building (MURB) project and deducted soft costs and legal fees in respect of his interest in the MURB. The Crown's position was that the taxpayer did not acquire beneficial ownership of an interest in the MURB because, due to alleged defects, his agreement with the legal owner of the MURB was unenforceable. In rejecting this submission, Hugessen JA stated:
[T]he alleged unenforceability of the agreement against the investors does not deprive the latter of their beneficial interest in the property. Whether they be viewed as undisclosed principals or as beneficiaries of a trust, it is clear that they intended to and did acquire such an interest through the vehicle of the numbered company upon execution of the Purchase and Development Agreement.