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TCC

Moss v. R., [1999] 4 CTC 2813, 99 DTC 1229

He’s my best friend and I basically did it for nothing, or some small consideration, and I don’t recall. ... On September 30, 1991, 2165 West Taylor was conveyed to Levy by way of a transfer under Power of Sale at a purported consideration of $265,000. ... However, since in that transaction no consideration was paid, there could be no gross revenue. ...
EC decision

Minister of National Revenue v. J.-Emile Groulx, [1966] CTC 115, 66 DTC 5126

In a consideration of it, the question of whether the payments under the mortgage in question can be regarded as payments of principal, or interest, or both principal and interest, is a question of fact to be determined after consideration of all the surrounding circumstances, and not merely from the form of the contract or document under which the payments are made.” ... It also, in my opinion, would have the effect of permitting evidence with respect to the reasonableness of the consideration for such depreciated property to be adduced notwithstanding the ordinary rules of evidence which, as suggested by counsel for the respondent, might apply here to prevent contradiction by oral evidence of the terms of a ‘written document’.” ... Par voie de défense, l’intimé prétend que, nonobstant l’admission qu’en règle générale les taux d’intérêt ci-haut mentionnés s’imposent, il s’agit ici d’un cas d’espèce comportant une circonstance spéciale et que, par conséquent, elle mérite considération exceptionnelle. ...
FCTD

Onex Corporation v. Canada (Attorney General), 2024 FC 1247

The policy is broad and includes considerations of extraordinary circumstances, errors made by the taxpayer following incorrect information given by the CRA, and “ other circumstances ” [emphasis added]. ... In Onex’s view, “other circumstances” included for consideration under these Circulars may also, depending on the case, be appropriate circumstances to consider in requests made under subsection 220(2.1) and subsection 220(3). ... On the other hand, had the CRA made those findings of fact in favour of Onex, and weighed them against the CRA’s other considerations, perhaps the ultimate decision would have been different. [143] It is important to note that the CRA is likely in possession of Onex’s entire tax history. ...
FCTD

Societe d'Ingenierie Cartier Limitee v. The Queen, 86 DTC 6025, [1986] 1 CTC 166 (FCTD)

Cartier claims that the amount was received as consideration for Cartier agreeing to discontinue its present and any future legal actions against Kruger, including its potential action against Kruger for damages to its reputation, and for giving a full and final release to U.S. ...
FCA

Maréchaux v. Canada, 2010 DTC 5174 [at at 7315], 2010 FCA 287, aff'g 2009 DTC 1379 [at 2095], 2009 TCC 587

Friedberg, 92 DTC 6031 (FCA) at 6032: … a gift is a voluntary transfer of property owned by a donor to a donee, in return for which no benefit or consideration flows to the donor.   ...
SCC

Time Motors Limited v. Minister of National Revenue, 69 DTC 5149, [1969] CTC 190, [1969] S.C.R. 501

It is part of the consideration for an executed contract, the purchase of a used car. ...
FCA

Liddle v. Canada, 2011 DTC 5083 [at at 5838], 2011 FCA 159

  [5]                We see no legal error in the Tax Court judge’s consideration of whether the appellant was a director at the relevant time. ...
TCC

Aprile v. The Queen, 2005 DTC 585, 2005 TCC 216 (Informal Procedure)

She did not cross examine him on his evidence that he had provided them with the foregoing assets as consideration for the enumerated services performed by them for him ...
FCA

Kensington Land Developments Ltd. v. The Queen, 79 DTC 5283, [1979] CTC 367 (FCA)

When the totality of this evidence is taken into consideration, it is, in my view, a sufficient basis for the learned trial judge to conclude, as he did, that Hartwig’s pattern of business conduct went back at least to the early 1960’s when subject property was acquired. ...
EC decision

Belle-Isle v. MNR, 64 DTC 5041, [1964] CTC 40 (Ex Ct), briefly aff'd 66 DTC 5100, [1966] R.C.S. 354

Cela étant, les modalités de paiement de l’hypothèque et des actions sociales, réparties sur 33 ans, n’influent guère sur le contexte juridique de l’affaire, à moins qu’une disposition de la loi n’en autorise la considération. ...

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