Contributions paid by the taxpayer (a former resident of the U.K. and a dual citizen of Canada and the U.K.) to the U.K. Inland Revenue Department in order to maintain rights to a future old age pension in the U.K. did not qualify as non-business income taxes because the payments were made on a voluntary basis. Campbell T.C.J. quoted Lawson v. Interior Tree, Fruit and Committee of Direction, [1931] SCR 357 that "A tax is a levy, enforceable by law imposed under the authority of a legislature imposed by public body and levied for a public purpose".
Campbell T.C.J. stated (at p. 766) that:
"The failure of the Act to include a deduction or tax credit for contributions to a foreign insurance plan in no way interferes with the Appellant's right to move within Canada, to leave or to pursue a livelihood here."