Great warning. Simple solution...
1- Put funds in TFSA, buy stock and hold .... only sell as/when Poet goes big.
2- If you want to trade, put funds in your investment account - then trade; make money; pay taxes. Only 50% of capital gains is subject to tax....for medium-to-high earners, this usually amounts to about 30% tax - you get the remaining approx. 70% of profits.
There has to be a reasonable amount of trading allowed so people can adjust/balance their portfolio. What the court case will probably determine is how much trading constitutes too much. Court case or no court case, you do not want CRA on 'your case'
Not to be taken as investment or tax advice - do your own DD.
