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The following provisions of The Education and Hospitalization Tax Act, as amended prior to judgment, are relevant to the consideration of this issue: 3. ... [Page 627] In my opinion, the same reasoning which led the Privy Council to conclude, in the Kingcome and Conlon cases, that the respective statutes there under consideration imposed direct taxation is properly applicable to the Act now under consideration and is not rendered inapplicable because the present statute applies to durable as well as to consumable goods. ... It was upon that basis that the Privy Council upheld the New Brunswick legislation under consideration in the Conlon case. ...

Such an inquiry would lead much beyond the compass of the facts in the present case and would necessarily involve considerations of federal authority if the air space ad infinitum is to be the focus of inquiry. ... They turn on considerations that are not relevant to the present case and on constitutional provisions that have no application to the position asserted by Manitoba. ... What remains for consideration on this aspect of the case is a submission based on Bank of Toronto v Lambe, supra. ...

The vendors received, in part consideration of the transfer, 3,450 fully paid up shares of the capital stock of the Company. ... The Company holding the lease, drilling the well and operating the same for such consideration as may be agreed upon between the Company and a Trustee for the unit holders. 6. ... The Company holding the lease, drilling the well and operating the same for such consideration as may be agreed upon between the Company and a Trustee for the unit holders. ...

Ltd. is prepared to sell their entire interest in the captioned well and spacing unit for a cash consideration of $20,000.00. ... Clause 13, which is the important clause under consideration in this case, was a part of that agreement. ... Texas Co. [5], at p. 808: The rule against perpetuities springs from considerations of public policy. ...

Once that is established, the adequacy of the consideration is not relevant, absent allegations of artificiality or of a sham. The issue in all commercial transactions, where there is no claim of unconscionability or of a similar vitiating factor, is the validity of the consideration. ... Moreover, the consideration for the transfer at issue in this appeal included not only the nominal $10, but also the undertaking to operate the company in a good and business-like manner. ...

In consideration of this payment the respondent was released by the wife ‘‘from any further liability” under the said judgment. ... On June 30, 1950, when the child born of the marriage was less than eleven years old, the appellant made an arrangement with his wife whereby, in consideration of a sum of $4,000, she purported to release him of any further liability under the judgment. ...

These considerations are not independent of one another and may overlap.                      ... (vii)     Conclusion of Contextual Considerations.................................................................. ... These considerations are not independent of one another and may overlap.  ...

Are the payments, then, constituting as they do part of he consideration for the sale of the franchise, to be excluded from tax as being capital in their nature? ... The consideration for the assignment was stated in the following language:— “In consideration of this assignment Franco doth hereby covenant and agree with Wain-Town to pay to Wain-Town by way of royalty, from the proceeds of all sales of natural gas under the said Franchise, the following percentages of the actual gross sales of gas reckoned at consumers’ prices, less consumers’ discounts: (a) During the first three years six and a quarter per cent (614%); (b) During the next 7 years, eight and one-third per cent (843%); (c) Thereafter during the currency of this agreement, and of the said Franchise twelve and one-half per cent /2%).” ... In that case a landowner had sold a parcel of land in Alberta to a company engaged in drilling for oil for the consideration of a sum in cash, certain fully paid shares of the company and the delivery of ten per cent of the petroleum, natural gas and oil which might be produced from the said lands, which was referred to in the agreement of sale as a royalty reserved to the vendor. ...

Where, as here, the activities have no personal aspect, reasonable expectation of profit does not arise for consideration.  Although the respondents were clearly motivated by tax considerations when they purchased their interests in the partnership, this does not detract from the commercial nature of the storage park operation or its characterization as a source of income.  ... Here, in contrast, the Partnership purchased and maintained an ongoing commercial operation.    22                                Although the respondents in this case were clearly motivated by tax considerations when they purchased their interests in the Partnership, this does not detract from the commercial nature of the storage park operation or its characterization as a source of income for the purposes of s. 9 of the Act.  ...

In the case at bar the Minister acted with respect to the years 1940 and 1941 as with respect to 1939 on the irrelevant consideration that the appellant had no standing as a lessee under the section. ... It was shown, contrary to the contention of the respondent, which was given effect to by the learned trial judge, that there had been a capital consideration paid by the appellant to Winfield in the issue of 747 paid up shares of the appellant company for the assignment to the appellant of the interests here in question and other property, and in the balance sheet of the appellant a value of $70,700 was placed on its "coal leaseholds". ... Amounts invested would ordinarily be one of the relevant matters for consideration in making the allowance for depletion, but would not necessarily be the only consideration. ...