Search - consideration

Any payment or compensation for liquor furnished in contravention of this Act or otherwise, in violation of the law, whether made in money or securities for money, or in labour or property of any kind, shall be held to have been received without any consideration and against justice and good conscience, and the amount or value thereof may be recovered from the receiver by the party who made the same. ...

One must emphasize here the distinction between the necessity from which a legal implication proceeds, and those considerations which merely go to establish the convenience, amounting even, in judicial opinion, to practical necessity from the political point of view, of extending a power admittedly given. ...

Of course, in construing English Income Tax decisions, one must always bear in mind that they depend largely upon the phraseology of the statutes under consideration; but I find it impossible to understand how, where the word “income” is defined, as it is here, to be “profit or gain,” not from any particular transaction, but from the whole business of an entire year carried on by the “person ” upon whom the tax, in respect to it, is to be imposed, such “income” can be arrived at otherwise than by taking account of the receipts for the year and deducting therefrom at least all expenditure made in, and properly attributable to, the earning of such receipts as a whole, including therein expenditure made in the hope of earning receipts for the business or undertaking, although such hope has been disappointed. ...

If the matter were doubtful, a consideration of the words of section 7(b) would seem to indicate that the fact that little or no capital is employed by a person is not alone sufficient to create an exemption from taxation under the Act. ...

All questions of this nature must of necessity be decided upon the facts of the particular case under consideration. ...

Tariff classifications for duty are subject to review and redetermination if timely appeals are taken, as provided by ss. 43 and 44 of the Customs Act; and the fact that the ultimate decision on classification must be as of the time of importation does not mean that the time of arrival and entry is the determining consideration. ...

In that case as in the present, consideration was not lacking, but in the light of the true nature of the transaction, legal requirements were not met for the validity of the security. ...

Finally, a broader consideration moves me to the conclusion to which I would come. ...

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 reassessment) During the same years, the liability for interest upon the 5 per cent sinking fund debentures of the taxpayer was in these amounts: 1958.............................................................. $485,878.00 1959.............................................................. 263,092.00 1960.............................................................. 114,603.00 The 36-month exemption period allowed by s. 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 $343,950.57, while the interest payable on the 5 per cent 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 ruling of the Deputy Minister was set out in a letter to the respondent dated September 11, 1962, reading as follows: Your representations have received careful consideration but the Department considers the 75 ton electric travelling level luffing shipyard crane, per specifications submitted, to be of a class or kind made in Canada by Dominion Bridge Company Limited, Montreal and Provincial Engineering Limited, Niagara Falls. ...