The taxpayer claimed a capital loss for its 2006 taxation year for loans, which it alleged it had made to its subsidiary and had reported in its 1994 balance sheet. Lamarre J found that there was insufficient evidence that the loans had been made, and dismissed the taxpayer's appeal.
She also dismissed the taxpayer's alternative argument that it should not be required to retain records beyond a six-year period which commenced running from the end of 1994. The reasons in Tibilla applied, so that the taxpayer "was therefore required to keep the relevant records for six years starting from the end of its 2006 taxation year" (para. 66).