The taxpayer, which was incorporated under the Societies Act of British Columbia, was organized in order to provide funds for the payment of pensions to employees and ex-employees of Woodward Stores Limited and to pay over its surplus funds to the trustees of a pension fund for those employees and ex-employees. Its by-laws provided that on dissolution all its assets should be conveyed to the trustees. The taxpayer operated a share sale plan for the employees, by purchasing blocks of shares in the various Woodward stores at par and reselling them at par to employees. The taxpayer earned profits attributable to the difference between interest at 3% payable by it on the unpaid balance of subscriptions by it for Woodward shares, and interest at 4% charged by it to employees on the unpaid balances of their subscription prices, and attributable to other dealings in shares.
In finding that the taxpayer was not exempt under s. 62(1)(i) of the pre-1972 Act, Judson J. noted (p. 1004) that its purpose of assisting the provision of funds for employee pensions "could not be achieved without the share sale plan which was designed to make a profit to enable the payments to be made to the pension trustees".