In finding that the taxpayer was entitled to realize a business investment loss on a loan made by him to a company of which he was a minority shareholder and which was operated by his son, Rothstein J.A. stated:
"There is no obligation on the taxpayer to try to think of every conceivable proactive step and show that none would be productive. It is sufficient that the taxpayer provides evidence as to the condition of the debtor and its inability at the relevant time to repay the loan in whole or in part."
The debtor was in a weak financial position, had just lost an account that had generated two-thirds of his cash flow and the debt was subordinate to other significant debts of the debtor. There was no requirement for the taxpayer to have explored possible workouts in the absence of any evidence that they would have been successful.