Search - consideration

The relevant portions are: 2(1) In this Act (h) “purchase price” or “sale price” means the value in Canadian money of the consideration, whether money, goods, things done, rental, or any other consideration whatsoever, accepted by the seller as the price of the tangible personal property or the service that is the subject of a sale; and, without restricting the generality of the foregoing, includes (ii) where tangible personal property is purchased, manufactured, or otherwise acquired, outside the province and is subsequently brought into or received in the province for consumption therein, the cost to the purchaser of transportation and any other costs whatsoever in connection with the property, including any cost of installation, incurred by him prior to the consumption of the property in the province; and Mr Ritchie argued that the moneys paid to the manufacturer and moneys paid to Tottrup were accepted by two different and separate sellers and cannot properly be called the purchase price of the pipe under subclause 2(1)(h)(ii) which states that the purchase price means the consideration accepted by the seller. ... Counsel further submitted that the purchase price of the property is the total consideration accepted by the manufacturer and includes all moneys paid to it. ... Mr Ritchie also argued that throughout the section it is the consideration accepted by the seller as the price of the tangible personal property and only that consideration which attracts tax. ...

Had the appellant in this case deeded a share of his homestead property to his wife, whether for consideration or not, there would undoubtedly have been a transfer of such share to her. ... In either case, the consideration for that consent moved, not from the purchaser to her, but from the appellant, who by the agreement bargained for and obtained that consent and gave the consideration therefor. The consideration was his assignment to her, by the covenant above mentioned, of $5,000 of the price paid by the purchaser for property which belonged solely to the appellant. ...

The company, in consideration of the sale, agreed to pay to the vendor the sum of $5,000 in cash, upon the execution of the agreement by the company, and to issue to the vendor, or her nominee, 25,000 shares of the company’s capital stock of the par value of $1 each, full paid up. ... Also, as the appellant has no reversion, and receives one-tenth of the specified minerals as part of the consideration of the sale of the inheritance, it is most unlikely that Parliament intended to include the appellant’s tenth as income, within the meaning of paragraph (a) of see. 3, above quoted. ... Rowlatt, J., who pronounced the judgment, said at pp. 714-715, as to the contention that the ten per cent. upon sales was part of the consideration for the transfer: ‘ " There is no law of nature or any invariable principle that because it can be said that a certain payment is consideration for the transfer of property it must be looked upon as price ‘in the character of principal. ...

The Appellant was not liable to pay the consideration in respect of the supply of the Pilot under the Pilot Purchase Agreement. Nor was the Appellant liable to pay the consideration in respect of the RV under the RV Purchase Agreement. ... In this case Platinum was not liable to pay the consideration under the agreements with the suppliers. [19] Similarly, the Appellant was not liable to pay the consideration under the agreements with either of the suppliers of the Vehicles. ...

In deciding this issue, it is first necessary to decide what has been supplied as consideration for the payment made. ... One of the conditions of section 138 is that there be a single consideration. ... Drew Burrell wrote on February 29, 2000: The fact that the Master Mortgage Sale Agreement does not specify the consideration for the supply of servicing the mortgages is not an indication that the supply of servicing was in fact for nil consideration or for a single consideration that is part of the consideration for the sale of the mortgages. ...

Katzenback (the difference between the total non-share consideration identified in the Notice of Objection and the total non-share consideration listed on the New T2059). [29]            Ms. ... Katzenback asked for evidence explaining the discrepancy between the non-share consideration listed on the New T2059 and the non-share consideration in the Notice of Objection, R&S was unable to provide any evidence whatsoever. ... However, the Respondent’s interpretation would also require that the non-share consideration for any asset adhere to the terms of the Transfer Agreement – which fixed that non-share consideration to the cost amount of each asset in question. ...

If consideration was given for one or more of the transferred properties, what was the fair market value of that consideration at the time of a particular transfer? ... Looking at the deeds and affidavits for Land Transfer Tax, one would have to conclude that Michael transferred 594 Stonebury Cres. to his parents for no consideration; and that he transferred the other three properties (606, 590 and 610) to his father alone for no consideration. ... Fair market value exceeded cash consideration by $15,000 ($315,000 less $300,000). ...

The consideration for the purchase was the sum of $10,000 and the covenant of Mr. ... The expressed consideration payable by the lessees was the sum of $10, but as the evidence disclosed, the Barnsdall group paid to Leaseholds a further sum of $914,243.75 as consideration for the granting of the lease. ... The other considerations for the granting of the new lease are not relevant to the matters to be considered. ...

According to this document, the consideration for the transfer of the Interest is “$1.00 and other love and consideration”. ... If I conclude that the fair market value of the consideration given by Mrs.  ... Nelson gave a credible explanation as to why she did not refer to the Transfers. [56]          I am of the view that the indication found on Form A that the consideration was “$1.00 and other love and consideration” is not conclusive as to the fair market value of the consideration given by Mrs.  ...

The dispute centres on the consideration allocated by the appellant to Class 8 and Class 10 items as above indicated. ... Rather, the first problem to be decided is whether the amount can be regarded as being in part the consideration for depreciable property and as being in part consideration for something else. ... In my view the crux of the issue between the parties is what was a reasonable consideration for the depreciable property. ...