The taxpayer was wholly owned and directed by an individual ("Brisson"), and employed Brisson at $50/hour to develop prototypes of pedal and steering systems for adult tricycles. The Minister disallowed the taxpayer's claimed scientific research and experimental development credits, as well as claimed input tax credits and business expenses, on the basis that the taxpayer's activities were merely preliminary to setting up a business - that it had not yet put into place a structure for the business it wished to carry on.
Paris J found that the taxpayer had been carrying on a business and allowed the taxpayer's appeal. He stated (at para. 24):
The fact that the Appellant had no revenues in 2002 and 2003 is not determinative of whether a business had begun operating. It must be kept in mind that by its very nature the Appellant's business, that is, the development of a new product, involves a longer start-up time than is necessary for other kinds of businesses.
Many of the Minister's arguments related to whether operations were carried on in a commercial manner. Stewart establishes that commerciality is only relevant where the business has a personal element (para. 26).