T-2003-76 
Alger F. Walls (Respondent) (Plaintiff) 
v. 
The Queen (Applicant) (Defendant) 
Trial Division, Gibson J.—Windsor, June 24; 
Ottawa, July 16, 1976. 
Income tax—Plaintiff employed in goods transport required 
to travel away from place of business in Windsor—Seeking to 
deduct disbursements for meals consumed in Detroit, under 
section 11(7) of Income Tax Act—Defendant disallowing— 
Whether Detroit and suburbs part of metropolitan area of 
Windsor—Income Tax Act, R.S.C. 1952, c. 148, s. 11(7). 
Plaintiff was employed by a person whose principal business 
was goods transport and whose head office was in Windsor. He 
was required to travel away from his place of work and claimed 
deductions for meals consumed in Detroit, for which he was not 
reimbursed, under section 11(7) of the Income Tax Act. 
Defendant disallowed the deduction on the basis that the City 
of Detroit and suburbs were not away from the metropolitan 
area of Windsor. Plaintiff sought a judgment that Detroit and 
its suburbs were not part of the metropolitan area of Windsor 
and that the disbursements were deductible. 
Held, the question is answered affirmatively. The City of 
Detroit is across an international boundary. It is not integrated 
in any way with the City of Windsor, and does not "pertain" or 
"belong" in any way to Windsor. There is a very great doubt 
that Windsor has a "metropolitan area" at all within the 
meaning of the subsection. And, in any event, it would be 
nonsensical to hold that Detroit and suburbs were part of the 
"metropolitan area" of Windsor. 
Lumsden v. Commissioners of Inland Revenue [1914] 
A.C. 877 (H.L.), applied. 
STATED case. 
COUNSEL: 
G. J. Courey for respondent (plaintiff). 
N. Nichols for applicant (defendant). 
SOLICITORS: 
Paroian, Courey, Cohen & Houston, Wind-
sor, for respondent (plaintiff). 
Deputy Attorney General of Canada for 
applicant (defendant). 
The following are the reasons for judgment 
rendered in English by 
GIBSON J.: On this appeal by way of stated 
case, the taxpayer, respondent (plaintiff) seeks the 
following judgment, namely: 
The City of Detroit and its suburbs is not part of the "met-
ropolitan area" of the City of Windsor, and accordingly, the 
plaintiff is entitled to deduct disbursements for meals. 
The relevant applicable statutory provision is 
section 11(7) of the Income Tax Act as it then 
was, namely: 
(7) Notwithstanding paragraphs (a) and (h) of subsection 
(1) of section 12, where a taxpayer was an employee of a 
person whose principal business was passenger, goods, or pas
senger and goods transport and the duties of the employment 
required him regularly, 
(a) to travel, away from the municipality where the employ
er's establishment to which he reported for work was located 
and away from the metropolitan area, if there is one, where it 
was located, on vehicles used by the employer to transport 
the goods or passengers, and 
(b) while so away from such municipality and metropolitan 
area, to make disbursements for meals and lodging, 
amounts so disbursed by him in a taxation year may be 
deducted in computing his income for the taxation year to the 
extent that he has not been reimbursed and is not entitled to be 
reimbursed in respect thereof. [Emphasis added.] 
The plaintiff deducted certain sums in the calcu
lation of his taxable income in his 1970 and 1971 
taxation years ostensibly pursuant to the said 
provisions of section 11(7) of the Income Tax Act, 
R.S.C. 1952, c. 148, as amended prior to the 
amendment of S.C. 1970-71-72, c. 63. 
The Minister of National Revenue has disal
lowed the deduction of such sums on the basis that 
such disbursements are not deductible by the 
plaintiff pursuant to the said section 11(7), or 
otherwise, of the Income Tax Act. 
The plaintiff and the Deputy Attorney General 
of Canada on behalf of Her Majesty The Queen, 
as represented by the Minister, agreed, pursuant to 
section 173(1) of the Income Tax Act, and pursu
ant to section 17(3) of the Federal Court Act, 
R.S.C. 1970, c. 10 (2nd Supp.), that the question 
herein, being of law, fact, or mixed law and fact, 
shall be referred to the Federal Court of Canada 
for determination. 
The question for determination is: 
Is the plaintiff entitled to deduct disbursements 
for meals by reason that the City bf Detroit and 
its suburbs are away from the metropolitan area 
of the City of Windsor within the meaning of 
section 11(7) of the Income Tax Act, R.S.C. 
1952, c. 148? 
The parties filed an agreed statement of facts 
and issue which reads as follows: 
1. At all material times during his 1970 and 1971 taxation 
years, the Plaintiff was an employee of a person whose princi
pal business was goods transport; 
2. The establishment of his employer to which the Plaintiff 
reported to work during his 1970 and 1971 taxation years was 
located at 2260 Walker Road, Windsor, Ontario, which place 
was located within the municipality of the City of Windsor, of 
the Province of Ontario; 
3. The duties of the Plaintiff's employment required him regu
larly to travel away from the said municipality on vehicles used 
by his employer to transport goods; 
4. The Plaintiff, while so away from the said municipality of 
the City of Windsor, but while within the City of Detroit, or 
within one of the suburbs of that City, made the following 
disbursements for meals: 
For 1970—$645. 
For 1971—$633. 
5. The Plaintiff's employer did not reimburse the Plaintiff, nor 
was the Plaintiff entitled to any reimbursement in respect of 
those disbursements; 
6. The Plaintiff in calculating his taxable income for his 1970 
and 1971 taxation years deducted the amount of these disburse
ments, and did so on the basis that since neither the City of 
Detroit nor its suburbs were a part of the Windsor metropolitan 
area, he was entitled to deduct them pursuant to the provisions 
of section 11(7) of the Income Tax Act; 
7. The Defendant in assessing the tax payable by the Plaintiff 
under the Income Tax Act for his 1970 and 1971 taxation 
years, disallowed the said deductions in the computation of the 
Plaintiffs income, and did so on the basis that the City of 
Detroit and its suburbs are not away from the metropolitan 
area of the City of Windsor where the employer's establishment 
was located, such that the Plaintiff was not entitled to any 
deduction pursuant to section 11(7) of the Income Tax Act. 
8. In the Plaintiffs capacity as a truck driver employed with a 
transport he was required to make three trips daily from the 
home terminal of the transport company in the City of Windsor 
to the City of Detroit, or to one of the suburbs of that city. 
9. When the Plaintiff leaves his employer's place of business, 
he does not return until between 10 1 / 2 and 11 hours later. 
During such time, the Plaintiff makes three trips with each trip 
averaging between 3 1 / 2 and 4 hours. 
10. To return to Windsor requires the Plaintiff to cross the 
international border and the payment of tolls varying between 
$3.40 and $6.30. 
11. The meals for which deductions are claimed were taken at 
normal meal hours outside of Canada. 
12. The Plaintiff has claimed a deduction for meal expenses 
incurred by him to the extent of one meal per day for each of 
the days he travelled to the City of Detroit, or to one of the 
suburbs of that city. 
13. The Plaintiff's employer did not reimburse the Plaintiff, 
nor was the Plaintiff entitled to any reimbursement in respect 
of these expenses. 
14. The Plaintiff in his return of income for his 1970 and 1971 
taxation years deducted in computing his income these 
expenses, and did so on the basis that since neither the city of 
Detroit nor its suburbs were a part of the Windsor metropolitan 
area, he was entitled to deduct them pursuant to the provisions 
of section 8(1)(g) of the Income Tax Act, R.S.C. 1952, c. 148, 
as amended by section 1, c. 63, Statutes of Canada 1970-71-72; 
15. The Defendant in assessing the tax payable by the Plaintiff 
under the Income Tax Act for his 1970 and 1971 taxation 
years, disallowed the said deductions in the computation of his 
income, and did so on the basis that the city of Detroit and its 
suburbs constituted part of the Windsor metropolitan area, 
with the consequence that the Plaintiff was not entitled to any 
deduction pursuant to section 8(1)(g) of the Act. 
16. The question for determination by the Federal Court is: 
Is the Plaintiff entitled to deduct disbursements for meals by 
reason that the City of Detroit and its suburbs are away from 
the metropolitan area of the City of Windsor within the 
meaning of section 11(7) of the Income Tax Act R.S.C. 1952 
c. I48? 
In the determination of this matter, the Court 
also takes notice of the following facts: 
1. The Municipality of the City of Windsor has 
a population of about 250,000; 
2. By municipal annexations of urban areas to 
the City of Windsor in recent years, the Munici
pality of Sandwich West was substantially 
annexed to Windsor so that there is left only in 
Sandwich West about 5,000 persons; 
3. The Municipality of Sandwich South was 
annexed in part to Windsor so that there is now 
left in Sandwich South only about 5,000 
persons; 
4. By annexation the Municipalities of Sand
wich East and Riverside were annexed to Wind-
sor so that they no longer exist; 
5. The Municipality of Tecumseh has a popula
tion of about 5,000; 
6. There are no other urban areas on the 
Canadian side of the border contiguous to or 
near the City of Windsor. 
7. The City of Detroit is the fifth largest city of 
the United States and has surrounding munici
palities of very substantial size contiguous to it 
which extend for 20 to 30 miles. 
Certain dictionary definitions of the word "met-
ropolitan" are as follows: 
Metropolitan ... Of, pertaining to, or constituting a met
ropolis. Also, belonging to or characteristic of the metropolis 
(London).... A chief town or metropolis ... . 
(The Shorter Oxford English Dictionary on Historical Princi
ples, Third Edition.) 
metropolitan ... of, relating to, or characteristic of a 
metropolis .... 
(New Collegiate Dictionary, A. Merriam-Webster.) 
metropolitan ... Of, pertaining to, or characteristic of a 
metropolis. 2. Constituting a major urban center and its envi
rons: the metropolitan area . 
(Standard College Dictionary, Canadian Edition, Funk & 
Wagnalls.) 
metropolitan ... of, belonging to a metropolis. 
(The Random House Dictionary.) 
Certain dictionary definitions of the word "per-
tain" are as follows: 
pertain ... To have reference or relation; to relate; as, docu
ments which pertain to the case; to belong or be connected as a 
part, adjunct, possession, or attribute, to belong properly or 
fittingly; 
(The Living Webster Encyclopedic Dictionary of the English 
Language.) 
pertain ... extend, tend or belong ... To belong; e.g. as a 
native, as part of a whole, as an accessory, as dependent .... 
(The Shorter Oxford English Dictionary on Historical Princi
ples, Third Edition.) 
pertain ... to have reference or relation; relate; documents 
pertaining to the case. 2. to belong or be connected as a part, 
adjunct, possession, attribute, etc. 
(The Random House Dictionary.) 
The City of Detroit is across an international 
boundary. It is not integrated in any way with the 
City of Windsor. For example, there are no 
common infra-structures, municipal services such 
as streets, water, fire or police protection, and 
there is no political connection. It does not "per- 
tain" or "belong" in any way to the City of 
Windsor. 
There is a control of entry and re-entry between 
the two cities by the respective federal authorities 
of Canada and the United States of America. 
After careful consideration of the facts and the 
statutory provision of section 11(7) of the Income 
Tax Act as it then read, I am of the view, first that 
there is very considerable doubt that the City of 
Windsor has a "metropolitan area" at all within 
the meaning of that subsection of the Act. But, if 
it has, it consists of the Municipalities of Sandwich 
West, Sandwich South and Tecumseh. And, 
second, in any event, it would be nonsensical to 
hold that the City of Detroit and its suburbs are 
part of the "metropolitan area" of the City of 
Windsor. To hold such would be like saying, 
(paraphrasing what was said in another context) 
that "the one inch tail wags the ninety-nine inch 
dog". 
As was said by Viscount Haldane in Lumsden v. 
Commissioners of Inland Revenue' at page 892: 
... it is no doubt true that there are cases of construction where 
the natural meaning of the words of a statute is rejected, and 
another meaning not expressed by the words taken in their 
ordinary sense is read in. That occurs where the context and 
scheme of the statute requires that this should be done in order 
that the language of the statute as a whole may be read as 
consistent. But a mere conjecture that Parliament entertained a 
purpose which, however natural, has not been embodied in the 
words it has used if they be literally interpreted is no sufficient 
reason for departing from the literal interpretation. 
and at pages 896-97: 
... the duty of judges in construing statutes is to adhere to the 
literal construction unless the context renders it plain that such 
a construction cannot be put on the words. This rule is especial
ly important in cases of statutes which impose taxation. 
Accordingly, the question for determination is 
answered in the affirmative. 
The plaintiff is entitled to costs. 
Either party, by appearance of counsel or under 
Rule 324, may move for judgment based on these 
Reasons. 
Judgment shall not issue until settled by the 
Court. 
' [1914] A.C. 877 (H.L.). 
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.