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TCC

Regina (City) v. The Queen, docket 1999-4570-GST-G

Did the City receive consideration from the Province for making the projects? ... Normally, when a supplier contracts to provide a supply, the cost or consideration for that supply appears in the contract. ... Linkage, therefore, serves as a valuable tool to determine if there is consideration. ...
EC decision

Arrowhead Exploration Company Ltd. By Its Liquidator Walter N. Trenerry v. Minister of National Revenue, [1970] CTC 555, [1970] DTC 6378

The amount in question was the consideration for the sale of certain oil and gas leases. A document was executed in 1963 purporting to be a conveyance of those leases by the appellant and an acknowledgment of receipt of the consideration by the appellant. In fact the consideration was paid to a firm of solicitors, acting both for the vendor and the purchaser, in 1963 and was not paid over by the solicitors to the appellant until 1964. ...
FCA

Boardwalk Equities Inc. v. Canada, 2013 FCA 140, aff'g Calgary Board of Education v. The Queen, 2012 TCC 7

    [8]                The recipient of the supply is the person who is liable to pay GST based on the value of the consideration for the supply. “Consideration” and “recipient” are defined in subsection 123(1) of the Act as follows: “consideration” includes any amount that is payable for a supply by operation of law;   …   “recipient” of a supply of property or a service means   (a) where consideration for the supply is payable under an agreement for the supply, the person who is liable under the agreement to pay that consideration,   (b) where paragraph (a) does not apply and consideration is payable for the supply, the person who is liable to pay that consideration, and …     « contrepartie » Est assimilé à une contrepartie tout montant qui, par effet de la loi, est payable pour une fourniture. […]   « acquéreur » a) Personne qui est tenue, aux termes   d’une convention portant sur une fourniture, de payer la contrepartie de la fourniture;   b) personne qui est tenue, autrement qu’aux termes d’une convention portant sur une fourniture, de payer la contrepartie de la fourniture;…       [9]                The amount of GST that is payable by any particular person for any property or service acquired under an agreement, is the applicable rate (7% in 2001) multiplied by the amount of the consideration payable by that person under that agreement. ...   [11]            Subsection 168(1) of the Act provides that GST is payable by a recipient on the earlier of two days – the day the consideration for the supply is paid and the day that the consideration for the supply becomes due. ...
TCC

Mary Therese Smith v. Her Majesty the Queen, [1996] 3 CTC 2273, [1997] DTC 152

If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (...) husband and wife to wife alone 6. If the consideration is nominal, is the land subject to any encumbrance? ... The Court finds that the Appellant gave Frank Smith consideration of $14,000.00 in the form of the chattels in return for his share of the house or Property. ...
TCC

Yates v. The Queen, 2007 TCC 498

I have no difficulty finding that there was a transfer without adequate consideration for these two small amounts ... To find in the Appellant’s favour, I must find there was adequate consideration flowing from her to Mr. ... Ducharme gave more consideration, to her common-law husband than she received ...
FCA

Jefferson v. Canada, 2022 FCA 81

Here, says the appellant, the exact assumption was that he provided no consideration for the cheques. ... The appellant knew the case he had to meet—the only issue under section 160 was whether the appellant provided consideration for the payments Global made to him by cheque, which, in the context of section 160, means fair market value consideration, not merely some consideration. [26] It is clear the appellant understood this. ... Any other expenses were reimbursed outside the terms of the agreement and so without consideration. ...
EC decision

Jugement en Conséquence. Beulah Gorkin and Jack Adilman, as Administra- Tors of the Estate of Nathan Adilman, Deceased v. Minister of National Revenue, [1960] CTC 237, 60 DTC 1177

It was submitted that there is a further distinction between the English statutes and the Dominion Succession Duty Act in that Section 3 of the Finance Act, 1894, deals only with bona fide purchases for full or partial consideration, while clause (k) of Section 3(1) of the Canadian statute applies to all transfers for partial consideration. ... Rowlatt, J., said at page 435:_ ‘ ‘ The transaction here was induced of course by family considerations, but that does not conclude the matter. ... It is perhaps unnecessary that I should go any further, but I also think that the property was not ‘‘transferred for partial consideration” within the meaning of Section 3(1) (k), since the obtaining of the consideration was not, in my view, the real object of the transaction. ...
EC decision

Montreal Trust Company, Executors Under the Will of Chesley Arthur Crosbie v. Minister of National Revenue, [1966] CTC 648, 66 DTC 5424

While there is no ‘‘consideration’’ for such a gratuitous payment in the sense in which the word ‘‘consideration’’ is used by the common law of contracts, there is, from the point of view of the employer, a business reason—that is a ‘‘cause’’—for making the payment. ... Section 3(1) (g) applies to dispositions made ‘‘for partial consideration’’. While my first reaction was that this was an adoption by Parliament of the common law concept of ‘‘consideration’’, I find on referring to the French version that the corresponding phrase is “pour une cause ou considération partielle” which, to me, indicates that what we are talking about is a payment that is not supported exclusively by business considerations but is partially supported by such motives as love and affection, family duty or philanthropy. ...
TCC

Gazaille v. The Queen, docket 2000-1255-IT-I (Informal Procedure)

That subsection does not use the word "consideration" as does subsection 160(1). Indeed, subsection 160(1) speaks of the "fair market value... of the consideration given for the property".... ... He seems to have seen her efforts as the reason for, not as the consideration for, payment of the dividend. ...
TCC

342583 B.C. Ltd. v. The Queen, docket 96-2821-IT-G

Kurt Freiburghaus as consideration for the transfer by him to 342583 B.C. ... With respect to the question as to what consideration he gave to money being tied up for five years, he replied that it was a risk and yield rate. ... The argument really rests on a misconception as to what happens when a company issues shares credited as fully paid for a consideration other than cash. ...

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