The taxpayer sought a s. 259(4) GST rebate on a travel allowance paid to its employees for return trips to Edmonton or Vancouver, on the basis that the taxpayer was deemed to have paid them pursuant to s. 174(a)(iv). The principal purpose of these flights was to allow employees to take time off in more populated areas, a benefit that helped the taxpayer attract a larger pool of qualified employees. In issue was whether the travel allowance was paid for supplies of property or services acquired by the employees "in relation to" activities engaged in by the taxpayer, as required by s. 174(a)(iv).
Sheridan J. dismissed the taxpayer's appeal - although the allowances were helpful to the taxpayer's employee hiring and retention, the flight expenses were intended for employee recreation. There did not exist a "sufficient nexus" between the flights and the taxpayer's activities (para. 22).
It was not clear which authority governed - the test in ExxonMobil that the allowance not be for the "exclusive personal use" of the employees, or the test in Midland Hutterian Brethren that there be a "functional connection between the needs of the business and the goods" (or services, in this case). Sheridan J. suggested that the tests were essentially the same, but expressed in different terms (para. 20).