Search - consideration

Upon first consideration and since Mrs. Evans received only income from her right, the expenditures might seem to have been made not on account of capital but on account of income. ... The ‘‘asset’’ or ‘‘advantage’’ under consideration in Dominion Natural Gas was a valuable, exclusive perpetual franchise; this franchise did not of itself yield any income to the company which held it; it was a permanent right used and useful in the earning of the company’s income by the sale of its product to the persons residing in the territory covered by the franchise; it was rightly regarded as an item of fixed capital. ... It would be a strange result if the question, whether legal expenses incurred in enforcing or preserving a right should be regarded as an outlay on account of capital or on account of income, fell to be determined on a consideration not of the true nature of that right but of the nature of the ill-founded grounds on which it was disputed. ...

Because no sale could be made, respondent and his friends obviously never reached the point at which consideration would be given to the method to be adopted for realizing the profit. ... It is true that in those eases the conclusion that the acquisition of mortgages at a discount was a speculation, not an investment, rests upon a consideration of the large number of operations of a similar nature that were effected. ... Nothing indicates that the character if the operation had changed when the outlays under consideration were made. ...

Secondly, it was submitted that the courts of this country will enforce an agreement by way of compromise made for valuable consideration to pay an amount of money in satisfaction of a claim for foreign taxes. ... But that consideration, in my opinion, has no relevance to this case.’’ ... Similarly, in my opinion, the argument that the claim asserted is simply for the performance of an agreement, made for good consideration, to pay a stated sum of money must also fail. ...

MANNIX agrees that it will assume all liabilities of the joint venture and shall pay and discharge same, and General hereby assigns to Mannix absolutely all its interest in and to the joint venture and in consideration thereof Mannix shall pay to General all monies advanced by General to the joint venture less all monies paid by the joint venture to General, plus the sum of Ninety-Thousand ($90,000.00) Dollars; 2. In CONSIDERATION of the premises Mannix and General do hereby release the other, their and each of their heirs, executors, administrators and assigns, and their and each of their estates and effects, from all sums of money, debts, duties, contracts, agreements, covenants, bonds, actions, proceedings, claims and demands whatsoever, which Mannix or General now hath or have against the other, for or by reason or in respect of the said joint venture agreement dated the 19th day of December, A.D. 1949, save and except the provisions of paragraph one (1) hereof. 7? ... This is not the case of a total consideration being paid to acquire a partnership interest in a going concern. ...

In my opinion, this is not a term of the exemption and I have come to this conclusion upon my consideration of the language of the subsection which I think to be clear. ... Both Wells J. and Roach J.A., who delivered the unanimous judgment of the Court of Appeal, reached this conclusion upon a consideration of the language of the subsection. In the reasons for the judgment of the Court of Appeal it is said that assistance in interpreting subss. (4) is to be obtained by a consideration of subss. (5), (8) and (9) of s. 34. ...

One consideration may point so clearly that it dominates other and vaguer indications in the contrary direction. ...

However, the threat arising in a foreign jurisdiction of criminal proceedings against a Canadian resident for revealing information in a Canadian judicial proceeding is a serious consideration to be borne in mind in a proceeding such as this. ...

It exercised the option and sold the shares for cash and the other stated consideration, and this gave both the purchase and sale of the shares a trading character rather than acquisition and realization of a capital asset. ...

A consideration of the entire record makes it clear that that arrangement was an adventure or concern in the nature of trade within the meaning of the term “business” as defined in the Act, but the argument is that, because of differences which arose between him and his relative, what he did subsequently was merely an endeavour to realize upon an investment. ...

On a consideration of the facts of the present case, in the light of the relevant provisions of the Retail Sales Tax Act, supra, we are unable to [Page 310] reach a view different than that reached by this Court in Cairns Construction Limited, supra. ...