Search - consideration

The appellant received as consideration for the disposition of the Realwest shares 1,000 Class B common, non-voting, participating shares in TWL, with a par value of $1 per share.  ... Finally, I am in agreement with the Court of Appeal's finding that the trial judge's consideration of capital gains and loss issues in the context of s. 20(1)(c)(i) is an unacceptable, results-oriented approach.  ...

[Page 358] The considerations which brought Cameron J. to this conclusion were, (i) that the appellant at the time of purchasing the Brunswick shares had no funds of its own available for investment and used borrowed funds to pay for them, (ii) that the nature of the Brunswick undertaking was such that its shares were of speculative value, (iii) that even if Brunswick's operations proved successful its shares could not be expected to yield any dividends for a considerable time, and (iv) that the shares were held by the appellant only for the short time mentioned above. ... The considerations prompting the transaction may be of such a business nature as to invest it with the character of an adventure in the nature of trade even without any intention of making a profit on the sale of the purchased commodity. ...

Tsiaprailis’s release in favour of Manulife stated, in part:   it is understood and agreed by the releasor that this is a compromise settlement of a disputed claim and that the payment of consideration for this Release shall not be deemed nor construed as an admission of liability by the said Releasee in any manner whatsoever.     29                             As a result of the settlement, the action was dismissed on October 21, 1996.   30                             After paying the lump sum, Manulife issued and delivered a T4-A to Ms. ... But where, as here, the lump sum payment does not even fall within the ambit of s. 6(1)(f), the inclusion of some lump sum settlements in those sections is not germane.   48                             Even if one applied the surrogatum principle, as the respondent urges, an application I question both on the facts of this case and the statutory provisions under consideration, I would not find the arrears to be taxable.  ...

This of course involves consideration of the terms of the will, and in this connection we were referred to a large number of decided cases, some of them dealing with devises of real estate or of money charged on real estate, others with legacies of personal property, but obviously each decision depended on the language of the devise or legacy under consideration. ...

In the following year, an agreement dated the 11th February, 1901, was entered into between the Manitoba Government and the appellant company guaranteeing the payment of certain railway bonds of [Page 596] the appellant by the Province of Manitoba in which the company covenanted up to the maturity of the bonds so to be guaranteed, to pay to the Government a sum not exceeding two per cent. of its gross earnings from its lines in Manitoba and in consideration of such payments it was agreed that their properties, incomes and franchises shall be exempt from such taxation as is provided for by section 18 of ch. 57 of the Statutes of Manitoba of 1900 during the currency of the said bonds hereby agreed to be guaranteed. ... Notwithstanding the unhappy phraseology of section 2 of the Act of 1910, on a careful consideration of all this legislation it appears to me to express with sufficient certainty the intention of the legislature to exempt the Canadian Northern Railway from — to use the language of section 18— all assessments and taxation of every nature and kind, except taxation made and imposed under provisions of the "Railway Taxation Act" and amending Acts. ...

These decisions are not, it is quite true, authorities in our courts, but as Lord Herschell said, in Gas Float Whitton (No. 2), (1897) [12]:— The opinions and reasoning of the learned judges of courts in the United States have always been regarded with respectful consideration and have often afforded valuable assistance. ... It is most probable that the Privy Council would not to-day wish its observations made on refusing leave to appeal to be viewed as a direct disagreement with the unanimous judgment of the Supreme Court of the United States reaffirmed on further consideration and concurred in by the practically unanimous judgment of the State courts, especially on a matter with which the American courts have such ample experience, and the English none. ...

I should have arrived at the above conclusion from a consideration of the words of the statute alone and it appears to me to be fortified by a consideration of the following circumstances. ...

If it were necessary to decide this question, careful consideration would first have to be given to the appellant's argument that the wide terms in which the power given to Dr. ... " As already indicated, after consideration of all the terms of the Statute, I find myself quite unable to construe the words of section 31 as levying any duty or defining any succession; and I can find no other provision which has the effect of levying the duty which the respondent contends is payable. ...

This definition has received general acceptance in this country, subject to the consideration that in order to qualify as “charitable” the purposes must, to use the words of Lord Wrenbury in Verge v. ... I am satisfied that in achieving this latter object one of the essential and paramount considerations must of necessity be “to consider… matters pertaining to the welfare of the faculty of medicine at the University of Toronto” and I can only regard this purpose as being a “means of the fulfilment” of the purpose referred to in para.  ...

In the unusual task presented to the courts on this appeal, a consideration of post-legislative activity is made relevant by the submissions made on behalf of the taxpayers with reference to what was said to be a temporary freeze pending a realignment of the level of assessment. ... To so construe them is to put a narrow and technical construction upon the precise words used in clause (d), without taking into consideration the meaning and intent of the statute as a whole. ...