The taxpayer purchased the shares of an unrelated corporation ("Newport") with substantial non-capital losses and wound up Newport into itself, thereby acquiring Newport's land inventory. The Minister's denial of the utilization by the taxpayer of these non-capital losses was based principally on the proposition that Newport carried on a land speculation business directly, which was different from the development business which the taxpayer carried on through limited partnerships.
Rip C.J. found that it was not relevant that the taxpayer carried on its business principally through partnerships, given that the taxpayer, as partner, carried on the partnerships' businesses (paras. 47-50). Rip C.J. also noted (at para. 58) that "land speculation and land development are not carried on in watertight compartments;" and that as the business of the taxpayer entailed acquiring real estate for resale or development, whichever approach would most likely produce a profit, the activities of Newport "were not dissimilar from that of STB" (para. 60). Accordingly, the non-capital losses of Newport could be utilized by the taxpayer under s. 88(1.1) without limitation by s. 88(1.1)(e).