Search - consideration

Konyi’s creditors, it had to be done for a fair market value consideration. ... Konyi could pay the fair market value consideration. At that time, Ms. ... One thing has not necessarily been done in consideration of the other. ...

The services are rendered under a single contract, for a single consideration, albeit the invoice is itemized. ... The present case is materially different in that the IAF is not simply the consideration for the fund services. ... The consideration that would be charged for the financial services, therefore, exceeds 50% of the IAF, which is the total consideration. ...

According to Bulletin B-067, some subsidies may be a consideration, others not. ... If a transfer payment is consideration for a supply, then it must be determined whether or not the supply is taxable. [31]          "Consideration" is defined as follows in subsection 123(1) of the Act: "Consideration" includes any amount that is payable for a supply by operation of law. ... Therefore no consideration is paid for this service. The recipient of the supply of the service is thus the elementary or secondary school student for whom the service is rendered as described in section 5, Part III, Schedule V of the Act. [33]          I have come to the conclusion that there was no consideration for the student transportation service provided by the appellant, but even if there had been a consideration, would it have been a consideration for a non-taxable supply? ...

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.  ...