Search - consideration

The same considerations lead society to protect its members either singly or collectively by laws concerning defamation or against unfair advertising, to cite only two examples. ... That is not, however, a decisive consideration in determining whether his "estimate" is an "opinion". ...

No exhaustive list has been compiled and perhaps no exhaustive list can be compiled of the considerations which are relevant in determining that question, nor can strict rules be laid down as to the relative weight which the various considerations should carry in particular cases. ...

Rather, it acquired it in the execution of the principal focus of its business which was realizing 1.65 per cent above the international exchange rate in the process of and in consideration for converting U.S. money into Canadian currency. ...

Under the contract Barlin, in consideration of a payment of $10,000, was authorized to use a portion of the premises at 139 Windermere that included a Quonset hut and an adjacent wooden frame building. ... The consideration to be paid by the corporation shall be the excess of the value of the tangible assets of the corporation less the liabilities of the corporation in accordance with the balance sheet to be prepared as of June 30, 1981.” ...

He developed a plan involving, among other considerations: (i) initial concentration on specific antique items; (ii) purchasing antique items over a wide geographic area at auction sales, flea markets and through private sources; (iii) arrangements for professional restoration of each item; (iv) sales arrangements involving use of home and flea markets; (v) proposal to move to storefront location as volume and reputation build up; (vi) building high profile in antique business through local involvement in antique events and displays in local stores. ... Regard must be had, however, to the type of operation under consideration. ...

It reads: A contract between two parties, called, respectively, the “seller” (or vendor) and the “buyer” (or purchaser), by which the former, in consideration of the payment or promise of payment of a certain price in money, transfers to the latter the title and the possession of property. Transfer of property for consideration either in money or its equivalent. ...

Nevertheless when the basic assumption relied on in reassessing under the Income Tax Act is that an alleged partnership did not exist between spouses thereby placing the onus on the appellant to establish on the preponderance of the evidence that it did exist one should, in my opinion, be guided by these considerations. ... The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but the receipt of such share, or of a payment contingent on or varying with the profits of a business, does not of itself make him a partner in the business and in particular: (a) the receipt by a person of a debt or other liquidated amount by instalments or otherwise out of the accruing profits of a business does not of itself make him a partner in the business or liable as such; (b) a contract for the remuneration of a servant or agent of a person engaged in a business by a share of the profits of the business does not of itself make the servant or agent a partner in the business or liable as such; (c) a person, being the widow or child of a deceased partner and receiving by way of annuity a portion of the profits made in the business in which the deceased person was a partner, is not by reason only of such receipt a partner in the business or liable as such; (d) the advance of money by way of loan to a person engaged or about to engage in any business on a contract with that person that the lender shall receive a rate of interest varying with the profits or shall receive a share of the profits arising from carrying on the business, does not of itself make the lender a partner with the person or persons carrying on the business or liable as such, provided that the contract is in writing, and signed by or on behalf of all the parties thereto; (e) a person receiving by way of annuity or otherwise a portion of the profits of a business in consideration of the sale by him of the goodwill of the business is not by reason only of such receipt a partner in the business or liable as such. ...

Nevertheless, some consideration must be given to the function of this provision in the Income Tax Act and to the wording of the provision as a whole in considering the ambit of paragraph (c) in relation to the facts of this case. ... Such contribution may not be based upon the considerations mentioned in s. 4(6)(b)(ii) which are subsumed in the determination of the equitable division under s. 4. ...

Scarrow impressed upon the appellant the need to precisely establish the consideration to be paid since it was not an arm's length transaction. ... Counsel for the respondent suggested that the appellant was prepared to press ahead and construct the Centre even after the doctors dropped out of the picture because the appellant, operated and managed as it was by shrewd and experienced real estate brokers, must have been aware of the resale potential inherent in such a development and was prepared ab initio to sell the property if the development and/or subsequent management of the Centre failed to meet expectations or if the right financial considerations were present. ...

In consideration amounts called "rent” were paid by AHG to the individual members. ... In that case, according to Mr Zeier, Greenfield supplied a tunnel boring machine of its own in consideration of rental payments. ...