Hello MrIncognito,
If you bought the options on market, and they expire worthless, then yes they can be treated as a capitol loss. It would be just like buying shares and the company folds rendering those shares as worthless, you can claim it as a loss.
Now if you came about the shares by participating in a new share issue and the options were a bonus, eg maybe one option for every 5 shares bought, then i would feel the options would not be able to be treated as a capitol loss as you have not expended money for the options, only the heads. You still own the heads for which you expended your money for.
Now i could be wrong about this, but that is how i see it.
Happy to be corrected if i`m wrong with m y thinking.
All the best, regards The Tinhopper
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