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SCC

Western Leaseholds Ltd. v. Minister of National Revenue, [1960] SCR 10

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. ...
TCC

Nelson v. The Queen, 2017 TCC 178 (Informal Procedure)

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.  ...
FCTD

Canadian Propane Gas & Oil Ltd. v. MNR, 73 DTC 5019, [1972] CTC 566 (FCTD)

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. ...
TCC

Hidden Valley Golf Resort Assn. v. The Queen, docket 96-859-GST-G

Was the consideration paid for an exempt supply, pursuant to section 7 of Part I of Schedule V? ... That is, the cottage owners paid consideration for use of the demise of the property (the lot). ... Therefore it is not the supply of land on which the consideration is given but the supply of services. [40] He submitted that the Appellant’s argument was based upon a consideration of section 6.1(e) of the Agreement. ...
TCC

Saskatchewan Pesticide Container Management Assn. Inc. v. The Queen, docket 97-3205-GST-G

The Appellant called no one from any municipality to establish that it paid any consideration for the services of SPCMA. ... This was consideration. Analysis and Decision [70] A number of peripheral matters were raised by Counsel during their argument. ... The Court is not satisfied that this evidence supported the contention that this was consideration for the activities of SPCMA. [93] The only funds that were received by SPCMA were the funds granted by CPIC and there was no evidence to suggest that any further consideration passed from the municipalities to SPCMA. ...
TCC

Hugh Sullivan v. Minister of National Revenue, [1990] 2 CTC 2652, 91 DTC 43

Fair Market Value at time of disposition: $900,000 Consideration Received: Description: 1,000 shares of 551360 Ontario Ltd. ... The critical fact is that the full consideration for the 5,001 shares of Drugs transferred by Mr. ... As stated earlier, where Section 85(1) (e.2) is of concern, fair market value of the total consideration becomes important. ...
FCA

Daishowa-Marubeni International Ltd. v. Canada, 2011 FCA 267

After stating that “[p]rice is commonly defined to include consideration” and after adopting one of the definitions of “consideration” proposed by the learned author of Fridman’s The Law of Contract in Canada, 4 th ed. ... No, it does not affect the nature of the assumption of liability as consideration, though it may affect the value of that assumption ...
TCC

Ceco Operations Ltd. v. The Queen, 2006 DTC 3006, 2006 TCC 256

He submitted that the "true nature" of the $18.7 million payment was additional consideration on the ss. 97(2) rollover. ... As a simple matter of arithmetic there is no room for even a penny of additional consideration when the legal form of the transactions governs. ... It now wants to treat Operations as if it had received an additional $18.7 million worth of consideration for the business assets, which would give it $54.1 million worth of consideration for assets worth only $35.4 million. ...
FCA

Dale v. R., 97 DTC 5252, [1997] 2 CTC 286 (FCA)

More importantly no consideration was given to the rule against collateral attacks. ... In other words, if the Minister may not, in the performance of his assessment function, take into consideration facts that occur after the end of the taxation year, he may not, either, take into consideration judgments based on such facts. ... First, I am of opinion that the phrase “consideration that includes shares, ” in its plain and ordinary meaning, cannot refer to consideration that consists of a simple promise to issue shares. ...
EC decision

MNR v. Farb Investments Ltd., 59 DTC 1058, [1959] CTC 113 (Ex Ct)

The question as to the taxability of the said receipt of $17,000 is to be determined by a consideration of these facts and the relative provisions of the Income Tax Act, which then were: “3. ... The minute book of the respondent shows that the whole of the property was sold to the respondent in February, 1954 for a consideration of approximately $135,000. ... I may add, however, that quite apart from the above considerations, I would have been inclined to the view that the sum received was not a capital receipt. ...

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