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TCC

Keybrand Foods Inc. v. The Queen, 2019 TCC 161, aff'd 2020 FCA 201

This is however subject to a number of additional considerations such as, for example, whether any provisions in a unanimous shareholder agreement have the effect of changing what would otherwise be a person’s effective control: Duha Printers (Western) Ltd. v. ... That seems like a relatively minor consideration.   When one reads the minutes, one sees that Mr. ... I recognize, however, that the limitation could be driven by other considerations. [58] I am not unmindful of Mr. ...
FCA

Canada (Attorney General) v. Macisaac, docket A-661-98

Canada, [1999] F.C.J. 751 and we feel bound by this decision. [6]      It is not obvious that putting the questions as they are in this form results in a thorough consideration by the doctor of the questions confronting him. ...
FCA

Buck (Re), docket ITA-5021-95

CONSIDERATION      The shareholder's equity in Mr. Buck's company, at least in 1995, was some $112,000.00. ...
TCC

Commission Scolaire Des Patriotes v. The Queen, docket 1999-1464-GST-G

The fact that the subsidy was consideration paid by the Minister for the output made the Minister the recipient of that output. ... Therefore, between parties expressly authorized by law, there is a true agreement of wills in relation to a legal object, namely, the transfer of an amount for a consideration that is in keeping with public order. Since it is a gift, governed here by the civil law unless an exception is created by statute, the consideration lies simply in the intention to make a gift.... ...
TCC

Drummond v. M.N.R., docket 96-35-CPP

No exhaustive list has been compiled and perhaps no exhaustive list can be compiled of considerations which are relevant in determining that question, nor can strict rules be laid down as to the relative weight which the various considerations should carry in particular cases. ... " [35] The Court is not bound by any legal or technical rules of evidence, the appeal shall be dealt with by the Court as informally and expeditiously as the circumstances and consideration of fairness permit. ... However the Court in these appeals, in evaluating evidence that was not subjected to oath or cross examination (the two protective safeguards for excluding hearsay), must determine what probative value that evidence would have as the circumstances and considerations of fairness permit. ...
TCC

Makuz v. The Queen, 2006 TCC 263

The consideration was the assumption by CH2 of US $23,000,000 of specific liabilities of CA and 85% of all other indebtedness of CA. [12]     By letter agreement dated March 7, 1988, SIMC and SIRC, in consideration of US $20.00, granted CMF Enterprises Ltd. ... Income Tax Considerations CMF Enterprises Ltd. commenced negotiations with the Strauss Group, owners of the Claridge partnership, at the beginning of December, 1987. ... In most cases these considerations would be significant but here they are not because obviously the predominant feature of the investment was the tax benefit. [60]     The next witness was Edward Bobot, a chartered accountant. ...
TCC

Alexander v. The King, 2022 TCC 147

The expression “donative intent” describes the requirement that a donor should not receive any benefit or consideration in order to find that he or she had made a valid gift under the Act. [57] In 2004, in Webb v. ... These cases make it clear that in order for an amount to be a gift to charity, the amount must be paid without benefit or consideration flowing back to the donor, either directly or indirectly, or anticipation of that. ... The definition of gift is found in established case law; namely, from the Federal Court of Appeal decision of Linden J.A. in The Queen v Friedberg, 92 DTC 6031, at page 6032, (affirmed by the Supreme Court of Canada): Thus, a gift is a voluntary transfer of property owned by a donor to a donee, in return for which no benefit or consideration flows to the donor... ...
FCTD

Çolakoğlu Metalurji A.S. v. Altasteel Inc., 2024 FC 831

Justice O’Reilly concluded that it was not amenable to judicial review and dismissed the application: [24] Bearing these considerations in mind, I must conclude that the CBSA’s re-investigation is not amenable to judicial review. ... It would clearly run afoul of the policy considerations cited by Justice Stratas in Powell, above. [26] Should it transpire that the duty arrived at under the re‑investigation is imposed on GRK, it can seek a re‑determination. ... It would clearly run afoul of the policy considerations cited by Justice Stratas in  Powell, above. [26] Should it transpire that the duty arrived at under the re-investigation is imposed on GRK, it can seek a re-determination. ...
FCTD

Canadian Association of Refugee Lawyers v. Canada (Citizenship and Immigration), 2019 FC 1126

The latter requires each division of the Board to “deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.” I will return to considerations of fairness and natural justice in the next section of these reasons below. ... In fact, subsection 162(2) of the IRPA explicitly requires each division of the Board to “deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.” ...
SCC

Strother v. 3464920 Canada Inc., 2007 SCC 24, [2007] 2 SCR 177

Strother] to defer consideration to the new year and that led to Mr. Knutson, and then later Mr. ... It does not trump the requirement to avoid conflicts of interest but it is nevertheless an important consideration.   2.       ... Where this is so, vicarious liability will serve the policy considerations of provision of an adequate and just remedy and deterrence.  ...

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