Saccomano - Tax Free Capital Gains in Canada with

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QUESTION: I plan to rent my basement suite for many years to come. Does the Saccomano ruling mean that I don't have to worry about paying capital gains tax on it? Or does this only apply if I refrain from using the CCA?
Thanks.
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david ingram replies:
In my opinion, the Saccomano case makes you tax free on the sale of your house.  In his case, he rented out two thirds of a  triplex.  The judge ruled that since he had bought the house to live in and the suites were a mortgage helper, the whole triplex was capital gains tax free.
Do NOT claim depreciation or CCA.  Glad to help you with the returns by the way. 
To repeat, 
In 1986, Fedel Saccomanno won the sale of his home as a tax free capital gain as his principal residence. He had bought a triplex with two units rented out, and lived in the third unit with his wife on weekends when he was not teaching at the University of Waterloo. When he did not get tenure at Waterloo, and sold the property, DNR tried to tax two-thirds of the profits. Judge Taylor ruled that the entire triplex was tax free, giving credence to my claim in my Investment Guide. In the Investment Guide, I suggest that people with duplexes and triplexes should claim the whole building tax free in spite of the fact that Bulletins IT 120R2 and R3 stated that half a duplex and two thirds of a triplex would be taxable. 
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