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Results 261 - 270 of 584 for consideration
SCC

The Queen v. Snider, [1954] SCR 479

These are considerations which appear to me to follow from 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 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. ...
SCC

Stanley Mutual Fire Insurance Co. v. Minister of National Revenue, [1953] 1 SCR 442

S-s. 40 of s. 2 of the Insurance Act reads:— MUTUAL INSURANCE Mutual insurance means a contract of insurance, in which the consideration is not fixed or certain at the time the contract is made but is to be determined at the termination of the contract or at fixed periods during the term of the contract according to the experience of the insurer in respect of all similar contracts whether or not the maximum amount of such consideration is predetermined. ... A premium note is defined by s-s. 48 of s. 2 of the latter statute to mean:— An instrument given as consideration for insurance whereby the maker undertakes to pay such sum or sums as are legally demanded by the insurer, the aggregate of such sums not to exceed an amount specified in the instrument and includes any undertaking to pay such sums regardless of the form thereof and whether or not accompanied by a deposit of money or security. ... Justice Hyndman, my consideration of the present matter leads me to a different conclusion. ...
SCC

Canada Deposit Insurance Corp. v. Canadian Commercial Bank, [1992] 3 SCR 558

., the Participants' first submission involved a consideration of the validity of the Participation Agreement.  ... Next, Wachowich J. turned to a consideration of the ranking of the Participants with the general body of creditors of CCB for any amounts not recovered from the Syndicated Portion of the Portfolio Assets, and still owing pursuant to the Participation Agreement.  ... Even assuming that courts are entitled to weigh the value of the consideration given for a particular promise when characterizing an agreement, there was more to the support agreements than the mere purchase of participations in bad loans.  ...
SCC

International Harvester Co. of Canada v. The Provincial Tax Commission, [1941] SCR 325

In order to decide these two objections of the appellant it becomes necessary to return to a consideration of the statutes and regulations. ... After much consideration, I cannot say that these regulations exceed the power vested in the Lieutenant-Governor in Council under the authority of subsection 4. ... This claim was made before the Board and, although it does not seem to have received as much consideration there as it did before us, it was considered by them. ...
SCC

Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67, [2012] 3 SCR 443

“Likelihood approaching certainty” recognizes that the government’s decision is discretionary and may be influenced by competing political and social considerations, which are not normally subject to judicial consideration.   ... In my view, the CCAA   court is entitled to take all relevant facts into consideration in making the relevant determination. ... To assess these factors and determine whether all this will occur would embroil the CCAA   judge in social, economic and political considerations — matters which are not normally subject to judicial consideration: R. v. ...
SCC

Frederick Franklin Worthington v. Attorney-General of Manitoba, [1935-37] CTC 193

Apart from these considerations, it would appear that those parts of the definition of "wages” which relate to moneys payable out of revenues of the Dominion are severable from the other parts of the definition. ... Without discussing, for the moment, whether or not the statute under consideration imposes a direct or indirect tax, it might pe advisable to ascertain what is the meaning of the word "‘taxation’’ used in sees. 91 and 92 of the British North America Act. ... The exemption from. taxation by provincial legislation of the salaries of judges would be based partly on different considerations than those that would apply to civil servants. ...
SCC

R.S. v. P.R., 2019 SCC 49, [2019] 3 SCR 643

In such a case, the underlying considerations of art. 3137 C.C.Q. simply do not apply, and it is as a result not open to the Quebec court to stay its ruling. ... It cannot be maintained that a failure to take the possibility that the Quebec judgment will not be recognized in Belgium into consideration caused her analysis to be unreasonable. ... I therefore find that the Court of Appeal was also right to note that the Superior Court had failed to take this factor into consideration. ...
SCC

Minister of National Revenue v. Imperial Oil Co., 60 DTC 1219, [1960] CTC 275, [1960] S.C.R. 735

The judgment of the Exchequer Court correctly, of course, drew a distinction between the company’s taxable income, which was not under consideration in the case, and the profits from the production of oil or gas ‘reasonably attributable to the well’’. ... Subsection (4) of Regulation 1201 did not apply in the taxation years under consideration in the Home Oil case. ... Consequently, where subsection (4) has application, consideration now has to be given to Section 53 expenditures in relation to all wells operated by the taxpayer, whether profitable or loss producing, and the words ‘‘in respect of the well’’ were not longer apt for that purpose. ...
SCC

Baron v. Canada, 93 DTC 5018, [1993] 1 SCR 416, [1993] 1 CTC 111

New Brunswick (Attorney General), [1991] 3 S.C.R. 459, 130 N.R. 362, 9 C.R. (4th) 192, 119 N.B.R. (2d) 271, this Court considered the factors that should be taken into consideration by a justice of the peace when determining whether to issue a warrant for the search of the premises of a media organization pursuant to section 487 of the Criminal Code, R.S.C., 1985, c. ... Simply stated, it is impossible to isolate two factors from the numerous considerations which bear on assessment of the reasonableness of a search and label them as conditional prerequisites. ... It is essential that flexibility in the balancing process be preserved so that all the factors relevant to the individual case may be taken into consideration and properly weighed. ...
SCC

Minister of National Revenue v. Molson et al., [1938] SCR 213

The like considerations apply to sections 7 and 8 of the Statute of 1924 respecting the Revised Statutes. ... In accordance with the agreement inter partes, we confine our consideration of respondents’ liability to the year 1930. ... This argument requires the consideration of other matters. Schedule A to the Commissioners’ Roll already mentioned appears at the end of Volume IV of the Revised Statutes of 1927, and under the heading “1926” in the three columns headed respectively “Chap.”, “Title of Act” and “Extent of Repeal,” appear the following:— 10. ...

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