Search - consideration

There remained for consideration only the cross-appeal for the costs of proceedings before the Mining Commissioner. ... There are, however, more compelling considerations which lead me to conclude that this Court can deal with the costs in the present case in respect of all the proceedings through which the case has come, ending in this Court. ... There remains for consideration only the question of costs, more particularly the claim advanced by way of cross-appeal by respondents for costs of the proceedings before the Mining Commissioner. ...

On that reasoning, the location where the capital was earned may be seen as an important connecting factor and one which in this case does not connect the income to a reserve. [26]                           The Court in Williams held that the weight of this factor was strengthened by another consideration: the tax treatment of premiums and benefits. ... There are three considerations that have led me to this conclusion. [28]                           First, it is important to take into account the significant differences between unemployment insurance benefits and interest income, in other words, to pay careful attention to the type of property. ... However, in my view, this consideration is not a relevant connecting factor in determining the location of the income earned on the term deposits in issue here.  ...

The added and new definitions read as follows: “promotional distribution” means the provision by any person to others of any goods other than the provision thereof that is prescribed by the Minister to be excluded from the application of this paragraph that is, in the opinion of the Minister, provided for anyone or any of the following: (a) to describe, or to promote or encourage, the purchase, consumption or use of any goods, wares, services or property of any kind, (b) to furnish to any person any directory, listing or compilation of persons, places, prices, services, commodities, places of business or users of any service, or (c) for any function, use or purpose prescribed by regulation to be promotional distribution; “promotional distributor” means any person who is a resident of, or carries on business in the Province and who, by way of promotional distribution, provides or causes to be provided to any person in the Province any goods the full fair value of which is not specifically charged to, and required to be paid by, the person to whom such goods are provided; “purchaser” means a consumer who acquires goods at a retail sale within the Province and includes also a promotional distributor to the extent that the full fair value of any goods provided by way of promotional distribution exceeds any payment specifically made therefor by the person to whom such goods are so provided; “sale” includes (a) exchange, barter, sale on credit, conditional sale, sale where the price is payable by instalments, transfer of title conditional or otherwise, and any other contract whereby for a consideration a person delivers goods to another; (b) a transfer of possession, conditional or otherwise, or a lease or a rental, determined by the Commissioner to be in lieu of a transfer of title, exchange or barter, and (c) the provision by way of promotional distribution of any goods Also significant was the revised definition of “consumption” and “use”, now reading as follows: “consumption” and “use” includes the provision by way of promotional distribution of any goods and the incorporation into any structure, building or fixture, of goods including those manufactured by the consumer or further processed or otherwise improved by him; Substantive changes included a substituted subsection 5(2) and (3), a reenactment of subsection 8(1) and an amended subsection 8(2) and new section 11.2. ... There is no doubt, on the evidence, and on ordinary economic considerations which are obvious enough to justify a Court in taking judicial notice of them, that the company would seek, if it could, to include the cost to it of its catalogues and the tax payable on their free distribution in its expense of doing business, and thus seek to pass this expense on to its customers. However, economic considerations are not invariable touchtones of legal incidence. ...

In the three years under consideration, i.e., 1958, 1959 and 1960, this resulted in the taxpayer receiving an income from the said short term securities as follows: 1958 $231,197.94 1959 412,852.85 1960 504,763.64 (as adjusted by the Minister in his re-assessment) During the same years, the liability for interest upon the 5% sinking fund debentures of the taxpayer was in these amounts: The 36-month exemption period allowed by Section 83(5) to which I have referred above, having commenced on March 1, 1956 ended on that day in 1959, and therefore the 1959 figures must be divided so that the first two months showed an income from short term investments of $68,922.28 and the remaining ten months in the next exemption period showed an income from such short term investments of $343,930.57, while the interest payable on the 5% sinking fund debentures in the first two months was $60,152 and in the remaining ten months, i.e., the non-exempt period, was $175,940. ... The Vendor hereby sells, transfers and assigns unto the Purchaser and the Purchaser hereby accepts the sale, transfer and assignment of all the vendor’s exclusive right and concession under the Indentures for and in consideration of the price of one million, nine hundred and thirteen thousand and sixty dollars ($1,913,060.00) payable upon the execution hereof. ... On the other hand, he based his decision solely on a consideration of the proper interpretation to be given to the words franchise, concession or licence’’ in business practice on this continent. ...

From them the following considerations, among others, emerge. A joint stock company, having modern powers and, in the absence of special provisions, bound to the preservation in its capital asset structure of property representing its share capital, is in absolute control of the profits which its business produces. ... Other considerations arise when a limited company with power to increase its capital and possessing a fund of undivided profits, so deals with it that no part of it leaves the possession of the company, but the whole is applied in paying up new shares which are issued and allotted proportionately to the shareholders, who would have been entitled to receive the fund had it been, in fact, divided and paid away as dividend.’’ and at page 735: “Their Lordships desire to adopt the language used by Eve, J., and to say in regard to the fund out of which the sums of £19,380 and £8360 were paid by the Buttabone Company to the trustee company: ‘ Unless and until the fund was in fact capitalised it retained its characteristics of a distributable property... no change in the character of the fund was brought about by the company’s expressed intention to distribute it as capital. ... Other considerations arise when a limited company with power to increase its capital and possessing a fund of undivided profits, so deals with it that no part of it leaves the possession of the company, but the whole is applied in paying up new shares which are issued and allotted proportionately to the shareholders, who would have been entitled to receive the fund had it been, in fact, divided and paid away as dividend.”’ ...

Smiles, 3 T.C. 149, a bonus which the taxpayer was obliged to pay on the repayment of borrowed capital before the maturity of the debt was described by the Lord President as ‘‘a lump payment as one of the considerations stipulated for a loan of capital ‘ ‘; and was held to be entirely heterogenous to those outlays, the deduction of which is permitted to be necessarily incidental to the earning of profit”, and the bonus was held not to be deductible. ... After much consideration of the able arguments presented to us by counsel on behalf of the companies, I cannot bring myself to the view that these expenditures come properly under our statute as allowable deductions. ... It is clear that, in the several sections of the Act under consideration, the word ""gain” is used interchangeably for ‘‘profit”. ...

Subsection (2) declares ‘‘the matter shall thereupon be deemed to be an action in the said Court ready for trial or hearing: provided, however, that should it be deemed advisable by the Court or a Judge thereof that pleadings be filed, an order may issue directing the parties to file pleadings/ ‘ By section 64 the proceeding is to be entitled ‘“In Re the Income War Tax Act, and the appeal of of of in the Province of Under section 65(1) ‘‘any fact or statutory provision not set out in the said Notice of Appeal or Notice of Dissatisfaction may be pleaded or referred to in such manner and upon such terms as the Court or a judge thereof may direct;” and by subsection (2) ‘‘the Court may refer the matter back to the Minister for further consideration. ‘ ‘ Notwithstanding that it is spoken of in section 63(2) as an action ready for trial or hearing, the proceeding is an appeal from the taxation; and since the taxation is on the basis of certain facts and certain provisions of law either those facts or the application of the law is challenged. ... The language of the statute is somewhat inapt to these technical considerations but its purpose is clear: and it is incumbent on the Court to see that the substance of a dispute is regarded and not its form. ... There is nothing in the Rules of the Exchequer Court which in any way render these principles inapplicable to proceedings such as those under consideration here and, in my view, they apply. ...

These are considerations which appear to me to follow the reasoning of the Judicial Committee in Robinson v. ... There is no such discretionary statutory provision applicable to the case at bar, but apart from that consideration, there are two matters to be noted. ... That the considerations of public safety and security require that the utmost secrecy be maintained with respect to certain documents and information in relation thereto in the possession of the Crown has long been recognized. ...

OSFC was issued 12 class B units as part of its consideration for transferring its 99 percent interest in Partnership A to Partnership B.  ... OSFC approached a number of potential investors to participate as partners in Partnership B, including the appellants.   21                                On July 7, 1993, OSFC sold its 99 percent interest in Partnership A to Partnership B for cash, 12 class B units in Partnership B, and other consideration.  ... For example, statutory context involves consideration of the purposes and policy of the provisions examined.  ...

BETWEEN: MYRTLE LOUISE McCREATH, of the City of Toronto, in the County of York, hereinafter called the ‘Settlor’ OF THE ONE PART [Page 5] —and— NATIONAL TRUST COMPANY, LIMITED hereinafter called the ‘Trustee’ OF THE OTHER PART WHEREAS the Settlor will be entitled to a voting trust certificate representing 99,986 common shares in the capital stock of Mount Royal Paving & Supplies Limited; AND WHEREAS the Settlor desires to establish a trust respecting the said voting trust certificate as hereinafter set forth; AND WHEREAS the foregoing recitals are made by the Settlor and not by the Trustee; NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the sum of one dollar by each of the parties hereto to the other paid, the receipt whereof by each of the parties is hereby acknowledged, it is agreed by and between the parties hereto as follows: 1. ... Our concern here is the interpretation of a statute, and such a task requires consideration of the total context in which a given word or section is found. ... (p) (viii) any property passing under any past or future settlement, including any trust, whether expressed in writing or otherwise and if contained in a deed or other instrument effecting the settlement, whether such deed or other instrument was made for valuable consideration or not, as between the settlor and any other person, made by deed or other instrument not taking effect as a will, whereby an interest in such property or the proceeds of sale thereof for life, or any other period determinable by reference to death, is reserved either expressly or by implication to the settlor, or whereby the settlor may have reserved to himself the right by the exercise of any power to restore to himself, or to reclaim the absolute interest in such property, or the proceeds of sale thereof, or to otherwise resettle the same or any part thereof,… The trial judge held that it was property passing on death because Mrs.  ...