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L’exposé des faits relate que: 1°—“Le 5 janvier 1955, l’appelante vendait à la compagnie Simclaire Limitée, pour une considération de $150,000, trois billets promissoires endossés à son ordre et émis par Aluminum Rolling Mills Ltd.” 2°—“Le 5 juillet 1955, l’appelante vendait à la compagnie Simelaire Limitée, pour une considération (sic) de $56,568.70, 40,500 actions ordinaires de Foils Investment Ltd.” ...

The fact that the consideration for a sale is other than money, or is an asset not immediately realisable, is no reason for excluding it. ... The all important word ‘receivable’ is not defined in the Act, but after a most careful consideration of the paragraph, I have come to the conclusion that in both places where that word is used, it bears the ordinary meaning ‘to be received’. ...

En effet, si on s’en tient à la signification des mots ‘‘ pension de retraite ou pension” suivant le dictionnaire l’on voit que les mots ‘‘pension de retraite’’ veulent dire des montants payés par suite de la limite d’âge et “pension” tous montants payés en considération de services passés. Les mots anglais ‘‘superannuation or pension benefits” ont le sens suivant dans The Shorter Oxford English Dictionary: ‘‘to superannuate; to dismiss or discharge from office on account of age; esp. to cause to retire from service on a pension; to pension off;’’ et “pension” est défini comme suit: ‘‘an annuity or other periodical payment made esp. by a government, a company or an employer of labour in consideration of past services or of the relinquishment of rights, claims or emoluments.”’ ...

It is clear in this case that the ‘substance of the claim’ is foreign taxes and it follows that the fact that the claim presently appears in the form of a judgment does not entitled it to any different consideration it would have received in the form of a foreign tax assessment.” and thereupon set aside the writ of summons and subsequent proceedings. ... Judicial decisions in the State where the cause of action arose are not precedents which must be followed, although the reasoning upon which they are founded must always receive careful consideration, and may be conclusive. ...

William Ford) the same month and year, also for a consideration of $27,500. ... In the former case, page 292 [[1958] C.T.C. 272], Cameron, J., wrote as follows: “In my view, no distinction can be drawn between the five items of profit now under consideration. ...

Out of the ten clauses in the contract of sale, number 8 only is pertinent to the matter under consideration; I quote: “8. ... Cozens-Hardy, L.J., in that case said at pp. 197-8: If, on the construction of a document, it appears to be an absolute assignment, though subject to an equity of redemption, express or implied, it cannot in my opinion be material to consider what was the consideration for the assignment, or whether the security was for a fixed and definite sum, or for a current account. ...

Serious considerations, no doubt, but as easily ascertainable before as after the transaction. ... Exhibit 5, dated August 1, 1954, a statement of adjustment, has for its first entry the following: ‘ To purchase price: $170,000’’, that, to all intents, may be taken to be the total cost of the 40,000 feet warehouse with, probably though unrevealed at trial, an additional consideration for the assignment, July 31, 1954, of the ground lease by Brown and Pearson to the Louies for the balance of the term of 10 years from July 1, 1953 (cf. ...

It will be observed that this case was in some respects stronger on its facts in favour of the taxpayer than the present one, in that the business belonged outright to the incompetent person and was carried on enirely on his behalf, but the judgment turned on the terms of the applicable statute, which, in my opinion, were as materially different from those now under consideration as were those interpreted in Syme v. ... Commissioner of Taxes (supra), some of the considerations referred to in the judgment appear to me to apply in the present case with much the same force. ...

But you can conceive of you having purchased a property at fifty thousand dollars ($50,000.00) for a particular purpose for which the money was not yet available and not having given some consideration to what would happen if you did not get the money? ... In my opinion, the substance of this is that, when purchasing the property, the directors gave some little consideration to what course was to be followed in the event of the motel scheme failing and that they intended, in that event, to turn the property to account for profit in some way but that the course that might be taken was not settled. ...

In the context of the exempting clause now under consideration, it seems to me that the following definitions are the most appropriate. ... It may be noted here that by Section 2 of chapter 30, Statutes of Canada, 1960, the former Schedule III to the Act was repealed and a new Schedule III substituted therefor, which substitution includes an exemption under the heading “Coverings” which is markedly different from the one here under consideration. ...