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It was suggested that these shares might have been issued or transferred, as the case may be, with the consideration given in payment for them being the $20,000 allegedly advanced by Messrs Bolduc and Lavigueur prior to January 27, 1967 which advances both Messrs Rainu and Lavigueur insisted had been made although no cheques could be produced covering them. ... This leaves for consideration defendant’s primary argument based on paragraph 12(1)(a) of the Act which reads as follows: 12.(1) In computing income, no deduction shall be made in respect of (a) an outlay or expense except to the extent that it was made or incurred by the taxpayer for the purpose of gaining or producing Income from property or a business of the taxpayer, Defendant contends that these loans and the manner in which they were made constituted an outlay or expense for the purpose of gaining Or producing income from his and Mr Bolduc’s business of renting property and that they were made for the purpose of keeping Radal Limited as a solvent company which would hopefully pay the rental due by virtue of its 3-year lease for a floor of one of their rental properties. ... While there is no doubt that the matter in issue was an important and interesting one and that counsel for defendant is experienced in these matters and can be presumed to have devoted considerable time to the preparation of the case, it nevertheless appears to me to be contrary to the spirit and intention of subsection 178(2) to argue that on the one hand the Minister should pay all reasonable and proper costs of the taxpayer because the amount of the tax involved in the assessments for the year which is before the Court does not exceed $2,500, while, on the other hand, in estimating what are the reasonable and proper costs, consideration should be given to the fact that a sum substantially more than this will be involved if the total amount of income to be deducted over a period of years is taken into consideration, and that because of this the importance of the matter is consider- ably greater than one involving a tax of under $2,500 with the result that if the fees which taxpayer’s counsel charges to taxpayer reflect the fact that this larger sum is in issue, these should be considered as reasonable and proper costs of the taxpayer which the Minister will be obliged to pay under subsection 178(2). ...

This is to confirm the agreement of Nordair to pay to the executive upon acceptance of this agreement, in consideration of the Executive cancelling the Option Agreement and waiving all rights thereunder effective December 31, 1986, $58,000 representing the difference between the purchase price of $9.00 per common share provided in the Option Agreement and the $16.25 cash per common share payable under the Take-Over Bid and which would have been payable to the Executive had the Option Shares been issued prior to the expiry of the Take-Over Bid. ... You are hereby granted a period of 30 days as of the date hereof to enable you to present any additional information that you believe should be taken into consideration. ... It was in December 1986 that she signed such a document in consideration of a compensatory amount. ...

Wannan's registered retirement savings plan were transfers of property made to her without consideration, in or after a year in respect of which Dr. ... The second issue requires consideration of the manner in which the bankruptcy dividend was applied to Dr. ... He asserts that the Crown's ability to collect a tax debt from a third party who may have received property from the bankrupt prior to the bankruptcy should be limited to the situations referred to in section 91 of the Bankruptcy and Insolvency Act (settlements of property within one year of the bankruptcy, or five years in certain circumstances, subject to an exception for transactions completed in good faith and for valuable consideration). [19]            Counsel for the Crown argues that counsel for Ms. ...

Today, the outcome of such cases is determined largely by isolating key factual considerations and then applying legal judgment. ... However, the Minister advances serious arguments which warrant consideration. ... Whether the inducement payment represented a reduction in rent or a payment in consideration of the tenant’s assumption of its various obligations under the lease did not alter the fact that it was an income receipt. ...

  [19]          In consideration for this, Mr. Gravel received a fee equal to 22.5% of the fees from each client who was formerly his but was now billed by Martin & Cie. ... ]   [43]          The approach to be undertaken is these matters is not an essentially mathematical one; there is no hard-and-fast test, and it is absolutely essential to take all the facts into consideration. ... As far as the question of consideration is concerned, this element is not decisive of the nature of an expense.   ...

There is also a copy of the deed of transfer of title to the 35th Avenue property from Anita Bowes to the plaintiff, dated August 1, 1981, "in consideration of $1 and other good and valuable consideration... paid to me". ... The form describes the transfer of an estate in fee simple to Edward Bowes from Anita Bowes " in consideration of $1 and other good and valuable consideration paid to me". ...

The first is a passing reference in Tonn to the notion that where the Minister wishes to challenge the “reasonableness” of a taxpayer's transactions, consideration should be given to invoking section 67 before resorting to the “heavy-handed” Moldowan test (supra at 6009). ... The problem is that one's understanding of extravagance will be influenced as much by one's professional and business experiences, taken together with personal expectations informed by a particular lifestyle, as by pragmatic considerations related to the objects of the Act. ... But such concerns and considerations do not arise in the present context. 30 In my respectful view, to disallow the deduction of a portion of the interest because of 100% financing is to establish a criterion of arbitrariness and to effectively supplant, erroneously and unjustifiably, the reasonable expectation of profit test with section 67 of the Act. ...

Thus, the plaintiff chose to assess the value of the customer lists secured in the agreement with the trustee on the basis of a four-year open format wherein 120 per cent of the future net commission earned constituted consideration for the purchased lists — payments being deferred until actual commissions (profits) per annum were ascertained. ... The calculation of consideration on the basis of total anticipated future earnings over the duration of the agreement with the trustee provides a second indicator that the nature of the asset acquired was capital. ... Consequently it is not open to the plaintiff to argue that the sum of $322,461 payable to the trustee as consideration for the O’Bryan Group customer lists for the 1975 taxation year constituted a revenue expenditure that brought a benefit that was entirely consumed in the taxation year that the expenditure was incurred. ...

One consideration may point so clearly that it dominates other and vaguer indications in the contrary direction. ... Nothing indicates that the character of the operation had changed when the outlays under consideration were made. ... With regard to the period for which this exclusive right was to exist, I feel that taking into consideration the circumstances described in the evidence it was quite short. ...

Subsequently, the Minister did allow $2,000 for the 1964 taxation year as being consideration for the transfer and sale of samples and advertising material to the appellant, reducing the Minister’s claim for that year to tax on an additional amount of $5,030.31. ... With reference to that case, Lord Pearce, who wrote the Privy Council judgment, stated: It paid the agent company £300,000 cash in consideration of the agency agreement being terminated. ... Since he found for the Minister on this issue, Cattanach, J did not find it necessary to consider the question of whether the payment was made solely in consideration of the acquisition or cancellation of the exclusive sales agency or if the appellant received other benefits as well. ...