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Kutkevicius added that some consideration should be given to possible property value appreciation. ... Counsel for the Respondent made no concession or distinction, with respect to the initial year 1989, to which I would be required to give separate consideration, even within the broad context of the Tonn, supra, judgement. ... Whether it was in her mind I do not know, but it raises the intriguing prospect of using the provisions of section 111 of the Act, part of which reads: Losses deductible (1) For the purpose of computing the taxable income of a taxpayer for a taxation year there may be deducted such portion as he may claim of: (a) non-capital losses — his non-capital losses for the 7 taxation years immediately preceding and the 3 taxation years immediately following the year; I can appreciate that in her understandable zeal to utilize to the fullest extent the more immediate deduction provisions in the Act, this taxpayer might have tended to reject consideration of the above provision. ...

The facts as disclosed by the evidence in Court and from a consideration of the presumptions contained in the Reply to Notice of Appeal, where they were not rebutted, disclosed that the Appellant was 16 years of age on the 27th day of November, 1987 when she signed an Agreement of Purchase and Sale for the lot in question for a purchase price of $13,500.00. Consideration for same was $1.00 down and the balance was to be paid on closing subject to adjustments. ... On the issue as to the nature of the transaction, be it on account of capital or income, the cases make it clear that what is involved here is a consideration of the taxpayer’s intention when the purchase agreement becomes legally binding rather than the time when title is passed. ...

The trial judge's consideration of the evidence The trial judge did not, in his reasons, quote from or refer to either of the letters of June 13 or June 22. ... On August 21, 1989, Schwartz and Dynacare executed mutual releases in consideration of Schwartz receiving $400,000, of which the sum of $40,000 was paid on account of costs and the sum of $108,000 was withheld by Dynacare for remission to Revenue Canada. ... (g) It was not in consideration of or in recognition of property, services or anything else provided by the recipient. ...

It would do no credit to our system of justice in Canada if the courts were restricted in their consideration of the merits of a case by an ill-considered admission that is inconsistent with another position that is being advanced, particularly where it is sought to withdraw such an admission at an early stage in the proceeding. ... The tests mentioned in cases in other courts are of course helpful but other factors should also be emphasized, including the timeliness of the motion to amend or withdraw, the extent to which the proposed amendments would delay the expeditious trial of the matter, the extent to which a position taken originally by one party has led another party to follow a course of action in the litigation which it would be difficult or impossible to alter and whether the amendments sought will facilitate the Court’s consideration of the true substance of the dispute on its merits. ... Ultimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. ...

Sugar") a promissory note referred to as “scientific research note" in the amount of $2.7M for a consideration of $4.5M. ... The recitals read: WHEREAS the company has issued a scientific research note (the "note") to the purchaser for a consideration of $4,500,000 (the "consideration"). ...

The consideration for the transfer was one-half of $175,000, which he considered to be the fair market value of the property, payable by the appellant assuming “one-half of (a) $121,000 by assumption of mortgage; and (b) $54,000 by cash or equivalent value in the stock" of CTX. ... Then, in 1990, the appellant acquired $118,370.51 of Kernahan's shareholder balance; the consideration was her assumption of Kernahan’s half of the mortgage obligation. ... Rather, it is my view that her assumption of her husband's liability on the mortgage was the consideration she paid in 1987 for his interest in the residence. ...

In determining the value of benefit, one may take its cost into consideration. ... That reservation is that if the appellant had been dealing with a company of which he was not a shareholder, consideration would certainly have been given, in determining the rent payable, to the fact that he had himself lent more than $100,000 without interest to the company in order to help to finance the construction of the house. ... Humphrey, [1948] A.C. 459, [1948] 2 All E.R. 379, stands as authority for the proposition that where a taxpayer receives an asset or use of an asset as the result of an exchange (barter) for the purpose of computing income to that taxpayer, the value thereof has to be taken into consideration, even though it is neither realized nor realizable. ...

Thus events which may have occurred prior to the filing of the Notice of Appeal such as negotiations with officials or officers of the respondent before the assessment was made or at the objection stage are not part or the proceeding and are not matters entitled to consideration in the awarding of costs. ... Conclusion (a) Solicitor and client costs: The rule with regard to an award of costs on a solicitor and client basis is that such an award is exceptional and generally ought to be made only on the ground of misconduct connected with the litigation which in income tax matters commences with the filing of a notice of appeal. [7] The comments in Apotex and Coughlin, supra, in my view, are of limited relevance in my consideration of the applicability of subsection 147(5) of the Tax Court of Canada Rules in this proceeding. ... (b) Lump sum award: I do not accept the appellant’s position that an "indemnification principle” is an appropriate consideration in determining whether a lump sum pursuant to subsection 147(4) of the Tax Court of Canada Rules should be awarded in this case. ...

.), which was referred to in Francoeur), that while it is impossible to enumerate all the factors that a judge must take into consideration in determining whether it is just, in a given case, to authorize an amendment, the general rule is that an amendment should be allowed at any stage of an action for the purpose of determining the real questions in controversy between the parties. ... The tests mentioned in cases in other courts are of course helpful, but other factors should also be emphasized, including the timeliness of the motion to amend or withdraw, the extent to which the proposed amendments would delay the expeditious trial of the matter, the extent to which a position taken originally by one party has led another party to follow a course of action in the litigation which it would be difficult or impossible to alter and whether the amendments sought will facilitate the Court's consideration of the true substance of the dispute on its merits. ... Ultimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. ...

The transfers of the certificates took place for no consideration and the affidavits of transfer of the real property show the consideration to have been one dollar. ... Appeal allowed in part. 1 lt was not suggested that the appellant, a transferee who is derivatively liable for the transferor's tax liability, to the extent that the value of the transferred property exceeds the consideration given, could not challenge the correctness of the assess ments made against the transferor, even though the transferor had not objected to them. ...