Search - consideration

The letters patent states that ‘‘the capital stock of the said company shall consist of two million (2,000,000) shares without nominal or par value, subject to the increase of such capital stock under the provisions of the said Act; Provided, however, that the said shares may be issued and allotted for such consideration as may be determined from time to time by the Board of Directors, not exceeding in the aggregate the sum of two million ($2,000,000) dollars or its equivalent.” ... The consideration was the issue to the Old Company of certain fully paid shares of the capital stock of the appellant company and the assumption by the latter company of the liabilities of the former company, as of the date when the agreement was approved by the Old Company. ... In 1908 the company entered. into an agreement to lease a concession in Korea which it had acquired in consideration of the lessees paying what was therein described as a royalty, but which was in fact a percentage based on the profits made by the lessees. ...

In 1941 therefore, the Appellants were operating all these berths under Provincial licenses, identical in character, except as to the consideration and description of the property. ... But, in fact, in this particular case the discretion of the Minister does not seem to have been used in any arbitrary way as will appear from a consideration of all the facts. ... Failing such an agreement the Minister would have had to give similar consideration to the facts disclosed to him. ...

This document acknowledges receipt by the original company of the sum of $116,640 and in consideration therefor that company and the appellant released the other parties from all claims in respect of the covenants in the indenture of the 12th June, 1879, to keep the telegraph lines, system and plant in good working order and to yield them up in the same condition. ... It is the contention of the appellant that not only the sum of $116,640 but the continued payment of the rent of $62,500 were capital, both together being the consideration for the settlement of the claims by the original company in respect of the demised telegraph system and property. ... Under date of June 12th, 1879, The Dominion Telegraph Co. leased to The American Union Telegraph Co. for 99 years "‘all the Telegraph lines and the entire Telegraphic system and plant” ‘‘for and in consideration of the rents and covenants and agreements” therein specified. ...

A court should give significant consideration to amendments which further the ability of the trial court to determine the questions in controversy. ... [18] Judge Bowman described the considerations in this regard in Continental Bank Leasing Corp. v Canada, [1993] 1 CTC 2306 [Continental Bank]: … I prefer to put the matter on a broader basis: whether it is more consonant with the interests of justice that the withdrawal or amendment be permitted or that it be denied. ... Ultimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. [5] [19] Bearing in mind the considerations described by Judge Bowman in Continental Bank, I am satisfied that allowing the Crown to make a sham argument in support of its longstanding position that the partnerships were not valid partnerships in law would further the interests of justice. ...

Unquestionably, the assessment of the connection of a fishery to a reserve should include consideration of its proximity and historical usage. ... Where the connecting factors, uninfluenced by commercial mainstream considerations, support a finding that the income earned was intimately connected to reserve life, those considerations should not be frustrated by the fact that the outside world has a commercial use for the activity that generated the income. ... For example, the provision of food and shelter during hard times would be expected consideration for assistance provided. ...

Every recipient of a taxable supply must pay GST on the consideration paid for the supply. ... Section 123(1) of the ETA defines a “recipient” with reference to either the person who is liable to pay consideration for a supply of services or, if no consideration is payable, the person to whom a service is rendered. ... The board also pays BCI in consideration of those services (s. 5.1   and Sch. ...

Tax considerations are part of the commercial and economic reality within which business decisions are made. ... As between Shell and the foreign lenders, the semi-annual payments were entirely “interest”, paid in consideration for the loan of NZ$150 million. ... Yet, as Dickson C.J. made clear in Bronfman Trust, supra, at p. 46, the reason for a particular method of borrowing is irrelevant to a proper consideration of s. 20(1)(c)(i). ...

It received both interest-earning and non-interest-earning assets as consideration.  ... Although Ludco initially received a mix of income-earning and non-income-earning assets as consideration for the shares in the foreign companies, the value of the income-earning assets exceeded the amount of the borrowed money. ... Ludco received as consideration for the disposition both interest earning and non-interest earning assets.  ...

The provincial statutory provisions that require consideration are these: The Intestate Succession Act, RSS, cap 1-13. “2. ... The importation of the Dependant’s Relief Act made by section 3 brings forward consideration of the provisions of that statute. ... This length of time for consideration reflects the complexities of the case with which the spouse was also faced. ...

That determination is one of law based upon a consideration of all of the facts. ... It must be answered having regard to the facts of the particular case and the weight which must be given to a Particular circumstance must depend upon practical considerations. ... Well, whether it is an effective rent or not, I am not sure if that is the proper classification, but it certainly is an economic consideration taken into account. 67. ...