Search - consideration

By a Deed registered as Instrument No. 838349 in the Registry Division of Waterloo North (No. 58) on January 22, 1986, Joseph Marlowe, in trust, transferred the property to the Appellant for total consideration of $295,000.00. 6. ... That amount was increased to the total consideration paid on closing after discussions with Revenue Canada regarding the payment of non-residence tax by the Vendor. 8. ... (b) In the alternative, the Appellant states that no tax is payable in any event as the fair market value of the property at the time of the transfer did not exceed the total consideration paid by Joseph Marlowe, in trust, to 520013 Ontario Ltd. ...

I realize that it is no easy task to distinguish between what is fundamental and what is not and that in this context this may demand consideration of abstruse theories of equality. ... The question has arisen most commonly in a consideration of Human Rights Acts and the general concept of discrimination under those enactments has been fairly well settled. ... 4.05.2 As was previously emphasized, consideration must first be given to the impact of the law on the individual (4.04.3(3)), or in other words, what is its intended purpose (4.04.3(4))? ...

In consideration for management services, the appellant was to receive various management and development fees pursuant to a separate management agreement ("management agreement") signed contemporaneously with the development agreement. ... There Simpson, J., deciding on the propriety of a TIP deduction and also that of matching, set out at page 4 the following: The Crown also argued that Cummings is not a binding authority because it is limited to a consideration of lease pick-up costs. ... But when the amount in question is paid directly to the tenant and not to a third party, what is the character of that amount in the hands of the tenant, and what consideration flows from the tenant to the landlord for that amount? ...

The first part of the analysis requires a consideration of the decision of the Federal Court of Appeal in Kennedy v. ... In my view, when a debt is created from a company to a shareholder for no consideration or inadequate consideration, a benefit is conferred. ... The taxation of benefits conferred on shareholders under paragraph 15(1)(c) depends upon practical and realistic considerations. ...

An agreement was subsequently made between the appellant and Imperial whereby in consideration of managing the property the latter received 4 per cent of the gross rents and 15 per cent of the operating costs. ... As the chairman when I went to the board, I had to take that into consideration because the people we have in Beacon are not real estate people. ... Also a consideration was a portion of the equity was paid with tax bucks. ...

In a note I find in Dalloz (1902-2-302), the author states the following: If the very existence of the legacy was at issue, the factors could only be sought in the will itself, since no legacy is valid unless it is contained in a regular will, and it is only in cases where the existence of the legacy is not disputed or where it is a question of determining the details or determining the deponent's intention that judges can rely on extrinsic considerations. Taking into consideration as well the fact that Mr. Terrill's will was in English form, he referred to a decision of the Quebec Court of Appeal in Latour v. ... The cases also frequently emphasize, pursuant to Article 1018, that the testator's intention must be determined by taking into consideration the whole will and not one particular expression in it (Boyer v Montreal Trust Co, [1953] CS 89; Rousseau v Duffy (1941), 47 RL 258 (SC); Glass v Glass, [1969] CS 484). ...

The Applicants filed the election at issue on February 22, 2017 with a requested effective date of January 1, 2015 (the 2017 Election) and the Minister’s Decision is dated December 18, 2019. [2] Subsection 156(2) of the ETA permits closely related corporations to make a joint election pursuant to which taxable supplies made between them are deemed to be made for nil consideration. ... Section 156 of the ETA permits closely related corporations to make a joint election whereby taxable supplies between them are deemed to be made for nil consideration and the corporations are not required to collect GST/HST on the intra-group supplies. ... The Guidelines state that:- the request must clearly explain why the corporations have filed the election late;- both corporations must meet all of the conditions for making the election as of the requested effective date;- also as of the requested effective date, both corporations must have treated the supplies between them as having been made for no consideration. ...

(SN pp 24 and 25.) 3.16 Mr Nachum Mizné gave yet another reason why he used the company: it was because of the balance of $35,000 owing on the purchase of the land from the Soeurs in May 1970: I did not undertake the matter without due consideration, but just in case there was something which did not work out, because the property, with vandalism and all of that, was not... ... It reads as follows: 17.(5) Where property of a corporation has been appropriated in any manner whatever to, or for the benefit of, a shareholder, for no consideration or for a consideration below the fair market value, if the sale thereof at the fair market value would have increased the corporation’s income for a taxation year, for the purpose of determining the corporation’s income for the year, it shall be deemed to have sold the property during the year and to have received therefor the fair market value thereof. ... The purchasers: have only purchased the said property as agents, nominees and mandataries of the Maisonneuve Realties Inc, from whom they have purchased it, and in fact the right of ownership of this property is in Maisonneuve Realties Inc, and the parties appearing further undertake to assign, sell and transfer to Maisonneuve Realties Inc, without other consideration than the sum of one dollar ($1), the property in question, provided the latter assumes, and gives the parties appearing full release therefor, the obligation to pay the mortgage and interest owed to Les Soeurs Missionnaires du Christ-Roi. ...

One consideration may point so clearly that it dominates other and vaguer indications in the contrary direction. ... Australia, supra, at p. 274:...but the actual period of time for which these particular payments were made, as in the consideration of the nature of the advantage (above), gives no indication which could outweigh the indications given by other considerations. The case is not easy to decide, but on a balance of all the relevant considerations the scales appear to incline in favour of the expenditure being revenue and not capital outgoings. ...

The contract itself indicated that the sale was made for a price of $1 and other good and valuable consideration as indicated in the offer of April 25, 1986. ... Charron who signed the notarial contract of June 2, 1986, in which it was mentioned that both the transferor and transferee set the value of the consideration for purposes of the transfer tax at $800,000. ... Cheque No. 1439 from the Servibec company, with the notations it contained, does however cast serious doubt on the statement that $1,000 bills were received in consideration, an initial clue tending to undermine the plausibility of the appellant’s position. ...