The taxpayers ("Michael and Solbyung"), were a married couple employed by a technology research corporation ("cStar"), and Solbyung was also a shareholder. They lent a significant portion of their salaries back to cStar over several years and then wrote the loans off as bad debts.
In the course of finding that the debts had not gone bad (see summary under s. 39(1)(c)), D'Auray J noted that Michael could not claim an investment loss in any event. He was not a shareholder and had no expectation of dividend income from cStar, so the loans were not made for the purpose of earning business income. Before concluding that the advances by Solbyung satisfied s. 40(2)(g)(ii), she rejected the Crown's position "that no purpose of gaining or producing income from a business or property can be inferred if the debtor was in a difficult financial position when the funds were advanced" (para. 100).