General Motors of Canada Ltd. v. Canada, 2004 DTC 6716, 2004 FCA 370 -- summary under Paragraph 18(1)(e)

Under a collective agreement with its union, the taxpayer agreed to accrue $2 per every overtime hour worked by covered employees in excess of 5% of straight time, with the accrued amounts to be used to support childcare programs, legal services plans, a suplementary unemployment benefits plan "only if needed", or to fund jointly agreed initiatives with the union. The accrued amounts were not deductible in light of s. 18(1)(e) since they were not contributed to a qualified trustee or othewise segregated or set aside from ordinary working capital, and there was no identifiable creditor who could make a legally enforceable claim against the taxpayer with respect to the accrued amounts.