Reference Library

SR&ED Project Examples & Issues

Win-and-loss SR&ED project examples by industry, rebuilt from Tax Court of Canada cases, plus CRA and USPTO guidance examples.

One table, grouped by industry. Each Tax Court example rebuilds the case as a structured project — objectives, uncertainties, hypotheses, experimentation and results — and a win sits beside a loss in each industry to show where the Court drew the line. CRA and USPTO guidance examples follow the cases in the industry they speak to. All cases are listed on the SR&ED Tax Cases docket.

All examples by industry
IndustryYearExampleOutcomeKey lessonMaterials
Software & IT2016Acsis EHR
2016 TCC 50
✓WinNo off-the-shelf method existed; contemporaneous notes and trial records documented the investigation
Distributed replication software for a health-records network with unreliable connectivity
Project analysis
Key criteria
2020Indusol Industrial Control
2020 TCC 103
✕LossIdentifying a problem is not SR&ED; systematic investigation must be shown
Marine control software & system integration
Project analysis
Key criteria
2017Defining software technology
CRA ICT guidelines
○GuidanceHow the CRA draws the boundary of software technology for eligibility
ICT guidelines, 22 March 2017
Project analysis
2017Claiming SR&ED in Artificial Intelligence
Guidance note
○GuidanceWhere AI work tends to fall short of the five criteria
Issues arising in AI claims
Project analysis
Key criteria
2018Blockchain consensus mechanism
CRA ICT example
○GuidanceA worked CRA example of eligible and ineligible components in one project
ICT example
Project analysis
Key criteria
2024AI examples — overview
USPTO
○GuidanceHow a patent office frames AI inventions, for comparison with SR&ED
Overview of the 2024 AI examples
Project analysis
2024AI anomaly detection method
USPTO
○GuidanceAn AI method described with enough specificity to be assessed
AI applied to anomaly detection
Project analysis
Key criteria
Manufacturing & Engineering2023Buhler
2023 TCC 18
✓WinClear illustration of system uncertainties from integrating components
Tractor design
Project analysis
Key criteria
2022Dave’s Diesel
2022 TCC 62
✕LossEvidence must show knowledge beyond what a BSc. in the field would already have
Fuel-injector design process
Project analysis
Key criteria
2024Transaxle design using AI
USPTO
○GuidanceAI used as a design tool, and where the inventive step is located
AI-assisted mechanical design
Project analysis
Key criteria
Construction & Materials2019Beton Mobile
2019 CCI 278
✓WinEach eligible project was detailed against the five criteria (6 of 14 projects allowed)
10-18: Light self-compacting mortar for a mobile concrete mixer
Project analysis
Key criteria
2021WRD Borger Construction
2021 TCC 40
✕LossTrial and error on a business problem is not a technological uncertainty
Pressure-activated removable plugs for large box culverts
Project analysis
Key criteria
Energy & Environment2022Airzone One
2022
✓Win4 of 6 projects eligible; shows the cut-off between eligible and ineligible work
Optimizing passive monitoring of low-concentration air pollutants
Project analysis
Key criteria
2021Global Sustainable
2021 TCC 17
✕LossWork deemed routine engineering; compare with the Airmax HVAC win
Energy-efficient home construction
Project analysis
Key criteria
Food & Agri2024Manning Canning Kitchens Inc.
2024 TCC 159
✓WinHypotheses tested with measurable observations (pH, microbial counts)
Shelf-stable cold-pressed juice (“Chrisoda”)
Project analysis
Key criteria
2017Flavornet
2017 TCC 179
✕Loss4 of 5 criteria not met despite 12 prior years of accepted claims
Sterol beverage formulation and stability
Project analysis
Key criteria
Medical & Health2020Andre Lamy MPC
2020 TCC 61
✓WinWork by the doctor was performed on behalf of the MPC (“directly engaged”)
Clinical research by a physician through a Medical Professional Corporation
Project analysis
Key criteria
2017LifeChoice
2017 TCC 21
✕LossNo testing of hypotheses; analysis alone was not experimentation
Oral chelation formulations (EDTA vs. DMSA) for arterial plaque
Project analysis
Key criteria
2024AI-assisted fibrosis treatment
USPTO
○GuidanceAI in a therapeutic method, and how the technical contribution is framed
AI applied to treatment selection
Project analysis
Key criteria
2024Therapeutic cancer compound using AI
USPTO
○GuidanceAI used in compound discovery rather than as the invention itself
AI-assisted drug discovery
Project analysis
Key criteria
More project analyses (Allegro Wireless, A&D Precision, Atelier Béton, Dazzm and others) are linked directly from the Tax Cases docket. Questions or comments: registration@sredstakeholder.ca