Before finding that the taxpayer was not required to establish that he had a reasonable expectation of profit ("REOP") with respect to four rental condominium units held by him, the Court stated (at para. 47) that:
"The REOP test has been applied independently of provisions of the Act to second-guess bona fide commercial decisions of the taxpayer and therefore runs afoul of the principle that courts should avoid judicial rule-making in tax law ... ."