Search - consideration

The consideration for this grant, as set out in the sublease, consisted of (a) a payment of $100,000 per year to be made to the Province of Quebec, (b) the sublessee’s share of the duties payable under the Quebec Mining Act, and (c) ‘an overriding royalty on all iron ore and specialties shipped by the Sublessee under this Sublease from any mines upon the described lands (except iron ore and specialties shipped for the account of the Sublessor) and sold and delivered each year by the Sublessee, of seven per cent of the then competitive market price f.o.b. vessels at Seven Islands, Quebec (determined as provided in Section 2 of the Mutual Covenants of this Sublease) for each grade and kind of such iron ore and specialties, which the Sublessee binds itself to pay to the Sublessor during the term hereof; provided however, that, in the event seven per cent of such competitive market price for any grade or kind of such iron ore or specialties shall be less than twenty-five cents a ton, then the overriding royalty on such iron ore and specialties shall be twenty-five cents a ton.” ...

A consideration of all the evidence and of the authorities and dictionary definitions to which we were referred, brings me to the conclusion that neither in technical terms nor in common speech nor in that of those who deal in such products would the skin of a mature merino sheep with the wool or hair attached to it be described as a fur. ...

Other considerations also militate strongly against the admission of the instant plea. ...

Under the circumstances it was contended by counsel for the appellant that the notice of cross-appeal was not given in time and that the cross-appeal was not before the Court for consideration. ...

All these considerations lead to the conclusion that the appeal to this Court from a decision of the Income Tax Appeal Board, whether by the taxpayer or by the Minister, is a trial de novo of the issues involved, that the parties are not restricted to the issues either of fact or of law that were before the Board but are free to raise whatever issues they wish even if different from those raised before the Board and that it is the duty of the Court to hear and determine such issues without regard to the proceedings before the Board and without being affected by any findings made by it.” ...

After a consideration of the record in the light of the full and helpful arguments of counsel I find myself so fully in agreement with. the reasons and conclusion of Noel, J. that I am content simply to adopt them. ...

I have, after giving very careful consideration to the question upon which, in my view, the appeal turns, reached the same conclusion as that reached by the Board. ...

The question for determination on this appeal is whether upon a proper construction of the Income Tax Act and in particular Section 21(1) thereof, the said loss sustained by the appellant’s wife on the farming operations may be taken into consideration to reduce the appellant’s taxable income for the taxation year 1963. ...

In the limited time at my disposal I have given consideration to the arguments of counsel and to the cases cited and have reached the conclusion that I must give effect to the contention put forward on behalf of the Deputy Minister that neither Potter, J., nor any other member of this Court, has power to rescind the approval granted by Potter, J., on June 9, 1954. ...

Hyndman, Deputy Judge, proceeding on a sound appreciation of the considerations applicable to that determination, found that it did, and I am quite unable to say that, in reaching that conclusion, he was not amply supported by the facts disclosed. ...