Search - consideration

These considerations convince me that Ex parte Taunton [43] and decisions like it do not afford a satisfactory guide for passing upon the point now before us. ... No distinction of substance in this respect can be drawn between what is commonly known as a sales tax, a custom duty, an excise duty and the duties imposed by the statute now under consideration. ... He has, upon consideration of facts and circumstances, imposed a liability and has affected the rights of the appellant company [Page 566] and consequently has made a judicial determination. ...

(a) To sell or dispose of the undertaking of the company or any part thereof for such consideration as the company may think fit... ’ ’ and (b) To sell, improve, manage, develop, exchange, lease, dispose of, turn to account, or otherwise deal with all or any part of the property and rights of the company.” ... On October 10th, 1911, at the annual meeting of the shareholders held at Victoria, the directors were authorised to sell for such consideration as they thought fit the three Crown granted lots in the Nootka District and the company’s leasehold holdings in that area. ... It was impossible to buy machinery during the war years but, after the sale in 1946, the company had been endeavouring to locate a suitable mill site in the vicinity of the Alberni Canal and, in the year 1948, purchased a property at Ucluelet in the Clayoquot District which had been used as an airport during the war and upon which there were hangars and numerous other buildings, of which use might be made when establishing a mill, the consideration for the purchase being approximately $60,000.00. ...

The transfer of the shares was then completed for a consideration of $197,114,358, as fixed by the Court. ... There was no equivalent to paragraph (b) under consideration in that case. ... In essence, the main purpose and the result of the litigation was to improve the consideration received for the disposition of a capital asset. ...

The narrower interpretation accords with Parliament’s general object of abolishing appeals where a permanent resident has been found inadmissible on the grounds of serious criminality and is sentenced to a prison term of over two years, while preserving appeals in cases where the merits were such that a stay is ordered.   3.4   Avoidance of Redundancy   31                                As we have seen, consideration of the purpose and language of s. 196 tend to suggest that it was intended to apply only to actively granted stays.  ... However, this alone does not suffice to negate the inference flowing from other considerations that Parliament intended this result.   44                                The appellants’ third practical argument is that their appeals were discontinued after they had been filed.  ... Consideration of an application for protection shall be as follows:                                                                     ...   ...

The appellant oil com­pany incurred drilling and exploration expenses in excess of its income prior to 1960 when its parent company acquired substantially all of its property in consideration of the cancellation of a debt due. ... On November 30, 1960, the parent company, Sharples Oil Corporation, acquired sub­stantially all of the property of the appellant in consideration for the cancellation of a debt owing to it by the appellant. ... On that construction, if the transferee was a subsisting oil company it would, without any consideration therefor, obtain this valuable right in addition to the properties conveyed. ...

:—At the threshold of any consideration of the situs of shares of stock in relation to succession duty lie two recent rulings of the Judicial Committee. ... & W. 171; and that being so, we are remitted to the considerations by which the shares are localized in the place where they may be effectually dealt with. ... That consideration is the same for the transferee whether or not he receives a certificate directly from the registered shareholder. ...

This leaves for consideration the only costing method that would in fact yield a figure very substantially inferior to the average, namely, the ‘‘project’’ method of accounting. ... For this reason, no consideration can be given to what appellant testified concerning the extreme uncertainty of the operation: Most of those operations are really just glorified crap games. ...

The submission of the appellant is that, in substance, the agreement was one for the transportation of natural gas in consideration of payments of Canadian dollars and that the agreement also included a forward exchange contract under which the appellant was enabled to acquire from the shippers United States dollars for Canadian dollars at par. ... In order to succeed in its argument the appellant must first establish that, under the terms of the agreement, the consideration for the transportation of the natural gas was payable in Canadian dollars. ...

The purposes and objects as set out in the letters patent are as follows: (a) TO acquire, own, lease, prospect for, open, explore, develop, work, improve, maintain and manage mines and mineral lands and deposits, and to dig for, raise, crush, wash, smelt, assay, analyze, reduce, amalgamate, refine, pipe, convey and otherwise treat ores, metals and minerals, whether belonging to the Company or not, and to render the same merchantable and to sell or otherwise dispose of the same or any part thereof or interest therein; and (b) TO take, acquire and hold as consideration for ores, metals or minerals sold or otherwise disposed of or for goods supplied or for work done by contract or otherwise, shares, debentures or other securities of or in any other company having objects similar, in whole or in part, to those of the Company hereby incorporated and to sell and otherwise dispose of the same. ... It is to be noted that the statute presently under consideration also contains no definition of ‘‘principal business’’ although “business” is defined in Section 139(1) (e) in a manner not here relevant. ...

He argued that the consideration for the sale of a rebuilt engine is the catalogue price plus the delivery of a rebuildable engine of the same model, and that the deposit is a refundable deposit which at the time of its receipt is not the absolute property of the respondent. ... I do not think that Section 85B requires any consideration for the determination of this appeal. ...