Search - consideration

Conversely, when dealing with consideration capable of similar variations, it is the value of the consideration as it stands in the hands of the transferee at the time of the transfer that governs. ... It follows that what was given by Newco as consideration are shares having a value of $30 million. Subsection 160(1) can find no application when property of identical value is exchanged. [70]   In closing, I note that the Crown has not even attempted to convince the Court that the relevant consideration in this case should be the consideration received by Oldco rather than the consideration given by Newco. ...

Quite apart from the FMV of the alleged tendered consideration when compared to the transferred assets, if the shares and promissory note (“tendered property”) do not constitute consideration given (“tendered consideration”) in exchange for the transferred property, then no analysis of the comparative FMV need be undertaken. ... ANALYSIS OF ISSUES (i) Was “consideration given” by Newco for the new business assets? ... [55]   The tendered consideration should be viewed “at the moment” of transfer or transfers. ...

The consideration given to acquire the shares must not be confused with the consideration for dividends. ... However, that renunciation is not consideration for the declaration of a dividend. I even doubt that, in itself, it is consideration given for payment of a debt. ...

Also, if words in a contract are ambiguous, the court may consider extrinsic evidence. [37]         Where the question of interpretation relates to the consideration agreed to by the parties, the following principles apply: Extrinsic evidence is admissible to prove the actual consideration where no consideration or nominal consideration is stated in the contract; where the consideration is ambiguous; or where substantial consideration is stated, but additional consideration exists. ... It is reasonable to conclude in this case that the express monetary consideration of $10 is nominal. It is also clear that the expression “other good and valuable consideration” is ambiguous. ...

In its view, the word "consideration" in paragraph 11(1.1)(b) means consideration in money or in kind, which is consideration susceptible of being paid or payable. There is "no consideration" passing between Hope Air and Air Canada and Hope Air is not paying any consideration for the points ... The definition of "consideration" in Currie suggests that just about anything of value can fit under the term ‘consideration’, and this has been the case for over a hundred years [17]. ...

(b) Can corporate dividends be paid in exchange for consideration at law? ... I accept it for the position that consideration can be given for dividends. ... I find that consideration can be given in exchange for dividends. (c) Was there consideration given in exchange for the dividends in fact in the case at bar? ...

The Minister of National Revenue alleges that, although consideration was provided, there was a $58,682 shortfall in that consideration. ... The Respondent says that that is the only consideration that Ms. Ashworth provided. ... Ashworth takes the position that the $103,904 was partial consideration that she paid to Mr.  ...

But what was that consideration? Can it be said that the paying of household expenses is consideration for the transfers? ... At the time the transfers were made, no consideration was given.    [Emphasis added ... The mere right to be the beneficiary of this obligation does not constitute a particular consideration. ...

In consideration of these renunciations, Mrs. Fleet was promised $20,000. ... The decisive consideration is the meaning to be attributed to s. 3 (1) (j) of that Act. ... I agres that although marriage is a valuable consideration it is not consideration in money or money's worth. ...

Section 160 of the ETA, which is neither a taxing nor an exempting provision, specifies that where a supply is made, and the consideration therefor is paid, by means of a coin-operated device, the recipient is deemed to have received the supply, paid the consideration and paid the tax on the day that the consideration is inserted into the device, and the supplier is deemed to have made the supply, received the consideration and collected the tax on the day that the consideration is removed from the device ...   [19]     In the case at bar, the Appellant was deemed, under section 160 of the ETA, to have made the supply, received the consideration and collected the tax on the day that the consideration was removed from the vending machine. ... Moreover, there was no order concerning vending machines that were designed to accept more than $0.25 in consideration. ...