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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. ...
TCC

342583 B.C. Ltd. v. R., [1999] 3 CTC 2279, 99 DTC 1102

Kurt Freiburghaus as consideration for the transfer by him to 342583 B.C. ... Accordingly, when fully-paid shares are properly issued for a consideration other than cash, the consideration moving from the company must be at the least equal to the par value of the shares and must be based on an honest estimate by the directors of the value of the assets acquired. ... I do not accept the Appellant’s submission that the value of the consideration received by F from the Appellant was $195,000. ...
SCC

Beulah Gorkin and Jack Adilman, as Administrators of the Estate of Nathan Adilman, Deceased v. Minister of National Revenue, [1962] CTC 245

It is said that the transaction is not a gift within the meaning of the statute because a consideration was given. ... It refers to ‘‘ property transferred for partial consideration in money or money’s worth paid or agreed to be paid’’. ... It involved a transfer of property for a partial consideration agreed to be paid. ...
SCC

Judgment Accordingly. Beulah Gorkin and Jack Adilman, as Administrators of the Estate of Nathan Adilman, Deceased v. Minister of National Revenue, [1962] CTC 244, [1962] DTC 1166

It is said that the transaction is not a gift within the meaning of the statute because a consideration was given. ... It refers to ‘‘ property transferred for partial consideration in money or money’s worth paid or agreed to be paid’’. ... It involved a transfer of property for a partial consideration agreed to be paid. ...
TCC

Robert Glegg Investment Inc. v. The Queen, 2008 DTC 2466, 2008 TCC 20, aff'd , 2009 DTC, 2008 FCA 332

Glegg getting any consideration for the non-competition through the sale of shares. ... While section 68 can apply to allocate consideration, there must be consideration for something: the Appellant had nothing else to offer to accommodate an allocation ... Glegg could have accepted consideration for his non-compete covenant. ...
FCA

The Queen v. The Maritime Life Assurance Co., 2000 DTC 6402 (FCA)

By virtue of section 139, where a supply of a financial service is made together with a supply that is not a financial service for a single consideration, and the value of the financial service is more than 50% of the value of both services together, the entire consideration should be treated for GST purposes as consideration for a financial service, and thus exempt. ... He concluded on that basis that the entire consideration must be treated as consideration for the financial service, an exempt supply, and therefore no GST was payable. ... It would seem that the combined effect of these two provisions is that if Maritime Life receives anything that might be construed as consideration for acting as trustee of the deemed trust, GST would be payable on that consideration. ...
TCC

Connolly v. The Queen, 2016 TCC 139

Yates had provided consideration at fair market value and, in my view, on the record before him, it is clear that the appellant did not provide such consideration. ... Vienneau the availability and use of her house in consideration for his payments on the mortgage. ... Ducharme's mortgage exceeded the fair market value of the consideration given by Ms. ...
SCC

Gorkin v. Minister of National Revenue, [1962] SCR 363

It involved a transfer of property for a partial consideration agreed to be paid. ... It is said that the transaction is not a gift within the meaning of the statute because a consideration was given. ...

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