Search - consideration

First, the Crown must prove that the Appellant made a misrepresentation in filing his 2005 return by failing to report a shareholder benefit on acquiring, for no consideration, four properties from HGSL worth more than $2.4 million. ... He knew that HGSL owned the properties and that they were transferred to him for no consideration. ... He found that the corporation conferred a benefit on its shareholder by transferring the shares of its subsidiary to him for inadequate consideration. ...

The question then becomes whether this discretion has been properly exercised by the Minister or, in this case, by his statutory delegate. [28]            Disagreement by a taxpayer with the Minister's decision does not mean that the Minister's decision will be reversed. [29]            The scope of judicial review in relation to a discretionary Ministerial decision is limited to reviewing whether the Minister has properly exercised his discretion, with regard for relevant considerations and without regard to extraneous factors. ... In Re Maple Lodge Farms Ltd. and Government of Canada et al (1982), 137 D.L.R. (3d) 558 (S.C.C.), McIntyre, J. stated at p. 562: In construing statutes such as those under consideration in this appeal, which provide for far-reaching and frequently complicated administrative schemes, the judicial approach should be to endeavour within the scope of the legislation to give effect to its provisions so that the administrative agencies created may function effectively, as the legislation intended. ... Where the statutory discretion has been exercised in good faith and, where required, in accordance with the principles of natural justice, and where reliance has not been placed upon considerations irrelevant or extraneous to the statutory purpose, the courts should not interfere. ...

CONSIDERATION [10]       There are two approaches to dismissal for delay, or as it is also called, dismissal for want of prosecution. ... James, [1978] A.C. 297 the consequence to other litigants and to the courts of inordinate delay was not a consideration which was in issue. From now on it is going to be a consideration of increasing significance. ...

[OFFICIAL ENGLISH TRANSLATION]  ____________________________________________________________________   Motion made and disposed of upon consideration of written representations and without appearance by the parties.   ... Considerations Applicable to the Motion   [17]          The Court is not being asked to conduct a reference by agreement of the parties under section 310 of the GST legislation. ...

The motions judge did not weigh these considerations adequately, giving the Court of Appeal no choice but to intervene. ... The motions judge did not weigh these considerations adequately or at all.  ... In my opinion, those activities need not have been taken into consideration by the motions judge. ...

In consideration of the Asset Transfer, the Corporation will assume all of the liabilities of, and will issue preferred shares (the "Preferred Shares") to, the Limited Partnership. ... As consideration for the net assets, the company issued 5,138 preferred shares at $1 each for each $5000 unit held in the Limited Partnership, representing a total of 462,438 preferred shares. ... The particulars of the property transferred and the consideration received are recorded in form T2058 as follows: Property Transferred Fair Market Value Cost Amount Livestock $575,000 $193,584 Consideration Received Loan payable $193,500- 381,500 preferred shares 381,500- Total Consideration $575,000 [23]     The financial statements of the Corporation at December 31, 1996 (Exhibit R-2, Tab 50) state in Note 2 that, upon the transfer of assets from the Partnership to the Corporation, the Corporation issued 462,438 preferred shares on the basis of 5,138 preferred shares for each $5,000 unit in the Partnership. ...

Both parties argued this case on the premise that substantially all of the consideration paid by 3154823 Canada Inc. to Mr. Manrell under his Non-Compete Agreement was consideration for the non-competition covenant. ... Suppose that claim is released in consideration of the payment of a sum of money. ...

One consideration may point so clearly that it dominates other and vaguer indications in the contrary direction. ... They merely crystallise particular factors which may incline the scale in a particular case after a balance of all the considerations has been taken. ... The consideration of a bid to take over Matco clearly shows that the contractual relation with that corporation was a significant asset for Rona. ...

On June 30, 1989 Opco repurchased its 5 class "A" Common Shares held by William Keech for a total consideration of $23,287. The consideration was determined by reference to a formula contained in an Agreement between Opco and William Keech dated October 12, 1978. 15. ... On August 29, 1989 Opco redeemed its 99 Special Preferred Shares owned by Newco for aggregate consideration of $272,250. ...

The consideration received by the Appellant consisted of 250 Class "B" shares of the Centre.   6.         ... Côté‑Létourneau each disposed   of 50 of their 500 Class "B" shares in the share capital of the Centre, and, in consideration, each received a $50,000 promissory note.   ... Côté-Létourneau each disposed of their remaining 450 Class "B" shares in the share capital of the Centre, 9061 acquired these shares, and, in consideration, the Appellant and Ms.  ...