In Andre Lamy Medicine Professional Corporation v R, 2020 TCC 61 (informal), the Court considered whether a Hamilton-based professional corporation (PC) was entitled to SRED credits. Some of the contracts relating to the research underlying the claim for the credits had been signed by the doctor-shareholder personally. The CRA believed this indicated the PC was not carrying on the research activity. The Court considered this “question of fact” (“Who was carrying on the research activity?”) and concluded that the PC was, in part because the employment agreement between the doctor and the PC required the doctor to devote his full time and attention to the affairs of the PC.
