Graham J found that foster care services supplied by the appellant ("Caithkin") were not exempt under Sched. V, Part IV, s. 2. Despite treating such supplies as exempt, Caithkin had claimed input tax credits on the per-diem payments that it made to the foster parents.
Graham J upheld the Minister's penalties under s. 280(1)(a), noting that "in no way could this have-my-cake-and-eat-it-too approach be seen as duly diligent" (para. 39).