The taxpayer, a veterinary consulting firm, undertook four research projects to test new diets, supplements, and vaccines on cattle, and paid feedlot operators to perform these protocols. The 7000 cattle used in testing by the operators were, apart from the test protocols, raised for commercial production on behalf of their owners. The Minister disallowed scientific research and experimental development credits respecting over $1.6 million paid by the taxpayer to one of the farms ("Jim Farms"), for costs incurred by Jim Farms for the feeding the cattle, on the basis inter alia that Jim Farms was not engaged in SRED.
Before finding that the amounts paid to Jim Farms were "in respect of" the prosecution of research undertaken on the taxpayer's behalf within s. 37(8)(a)(ii)(B)(II), and that the work undertaken by Jim Farms was with respect to testing and data collection as per para. (d), Woods J found that Jim Farms' work was not SRED because it was performed "with respect to" the commercial use of a new process (i.e. the feeding protocols), as the cattle were at the same time exploited in his regular cattle business, and therefore was caught by the exclusion in para. (i) of the SR&ED definition, an exclusion which extended to work by third parties (para. 80).