The taxpayer, a mining company, bought over $9 million of shares in, and made over $8 million in loans to, an exploration company. The taxpayer subsequently extinguished all but $1 million of the debt in a settlement agreement, claiming the $7 million write-down as an income loss. D'Arcy J. found that the share purchase and loan were both made for the sole purpose of securing enduring benefits in the form of interest and increased share value. Therefore, the loan was a capital investment and the subsequent loss could not be deducted from income.
D'Arcy J. also rejected the taxpayer's contention that it could deduct the loss as a bad debt under s. 20(1)(p)(ii), because it was not in the business of lending money. He stated at para. 170:
In summary, Hemlo Gold was not in the business of lending money, rather any loans it made were incidental to its gold-mining business. Carrying on a business of lending money was not one of the ways Hemlo Gold, as an ordinary part of its business, earned its income.