The applicant, a real estate investment trust, applied for exemptive relief from the requirement to file a business acquisition report under Part 8 of National Instrument 51-102 regarding its acquisition of a townhome complex.
While the acquisition was not significant under the asset and investment tests, it was significant under the income test.
The applicant argued that applying the income test produced an anomalous result and that excluding depreciation of income-producing properties would more accurately reflect the acquisition's insignificance.
The principal regulator granted the requested relief, finding that the acquisition was not significant from a business and commercial perspective.