Search - consideration

  [24]            Therefore, the judgment to be rendered in each of these three dockets will take this concession by the respondent into consideration.   ...   [27]            While acknowledging the initial step of taking into consideration the original cost to determine the value of the research expenditures, the respondent submits, and I agree, that the basic objective of the exercise is to establish an accurate picture of the taxpayer's affairs and of his actual earnings for the year in question. ... Consequently, we believe the promissory note in question should be discounted at a rate that provides a reasonable return on the borrowing, which would require consideration of both a monetary correction factor and a higher rate of interest. ...

The Solicitor-General contended that as the section said “if sold at the time in the pen market.” the price which ly one particular buyer was prepared to pay must be excluded from all consideration: it might possibly be a fancy price which had_ no relation to market price: that a reference to open market shewed hat the statute referred to a current market price of land. a price which one or more valuers might determine to be the market value of the land. ... In order to arrive at the amount which land might be “expected to realise”, all these matters ought to be taken into consideration. ... To do so would be to disregard one aspect of the situation, with the result that the appraisal exercise would become highly theoretical, disconnected from the specific circumstances of the case under consideration and so very questionable. ...

., as it was by Kerwin J. in the Dominion case because of the difference in wording between the New Zealand statute and the relevant provisions under consideration in each of those cases. ... (b) under consideration in that case. [Page 28] To the extent that Southern v. ... In essence, the main purpose and the result of the litigation was to improve the consideration received for the disposition of a capital asset. ...

Coseka entered into a written option agreement with an arm’s length company, 341063 Alberta Ltd. (“341063”) whereby in consideration of $15,000 it gave 341063 an option exercisable prior to December 30, 1986 to purchase all of the issued and outstanding 2,050 common, 240 preferred, 150 preferred series B and 1,396 preferred series C shares of Coseka U.S. for a purchase price of $0.01 per share. 4. 341063 was owned by Phelps Drilling International Limited (“Phelps”), which was owned to the extent of 24% by Bramalea Limited. ... The bank released them on December 9, 1986 in consideration of Coseka’s agreement to pay it one-half of the net amount received by Coseka for the shares of 346045 as well as one half of the amount received under a similar transaction with Westbridge Capital Corporation relating to the rest of the shares of Coseka U.S. 9. ... I shall deal with it after consideration of the second preliminary objection. ...

The Appellant paid $40,000 to the law firm of Edelson and Associates and $100,000 to the law firm of Skurka Pringle for defending him at a trial in the Superior Court of Ontario on an indictment charging six counts of sexual exploitation, one count of sexual interference and one count of offering sexual services for consideration. ... In March 1999, the appellant received a letter from the Law Society of Upper Canada ("LSUC") (Exhibit A-1) that stated: The Law Society has been advised that you have been charged with the criminal offences of sexual assault, sexual interference, invitation to sexual touching, sexual exploitation by touching, sexual exploitation by invitation to touch and attempting to obtain the sexual services of a minor for a consideration. ... Canada, [1999] 3 S.C.R. 804, in arguing that public policy considerations should not dictate that a particular expense ought not to be deductible. ...

Consideration was given at the time the couple decided to marry of entering into an antenuptial contract. ... These considerations may have led to the following passage in Underhill’s Principles of the Law of Partnership, 7th ed. at 37: But whatever latitude the law may allow no business-like person would be content with a mere verbal arrangement the onus of proving which would lie on him. ... I am not satisfied on a consideration of all of the evidence that it was the intention of the plaintiff and his wife to enter into a partnership in the legal sense but on the contrary the natural and preponderant inference from the evidence is that no such intention was present in their minds. ...

J. said: [Page 63] Upon consideration of all evidence, bearing in mind the strictness with which taxing statutes are to be interpreted, I conclude that the main, dominant or preponderant purpose of the applicant credit union is to provide loans to members for provident and productive purposes, at a low cost, thus not a “business” or “financial business” within the meaning of the Assessment Act. ... The commercial activity test, as expressed by Evans J.A., requires a consideration and an evaluation of all factors in order to determine whether in reality the corporation is of a true commercial nature. ... Essentially it has been based upon a consideration of whether the activity concerned is carried on for the purpose of earning a profit or for some other preponderant purpose. ...

In Black’s Law Dictionary, 6th (1990) edition “sale” is defined at page 1337: "A contract between two parties, called respectively, the ‘seller’ (or vendor) and the 'buyer' (or purchaser), by which the former, in consideration of the payment or promise of payment of a certain price in money, transfers to the latter the title and the possession of property. ... S-1, provides: A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price. [7] Other provinces have legislated in the same way, e.g. ... I am satisfied that the facts under consideration do not place the relevant property within it. ...

The provision for its payment is part of the consideration promised by the appellant in order to secure its capital. ... M.N.R., [1940] A.C. 127), or, as otherwise stated, he has failed to exercise his discretion ‘‘bona fide, uninfluenced by irrelevant considerations and not arbitrarily or illegally’’ (D. ... The other cases referred to by counsel for the appellant are all distinguishable from that here under consideration on the basis either that the Minister had failed to make any allowance and, therefore, to exercise any discretion, or that he had erred in relation to the facts. ...

Jim’s testimony, the negotiated price was not reflected in the RSAs because tax advice was given that the consideration should be linked to feed consumed. ... I accept that the actual payments made by FHMS were significantly less than the consideration stated in the RSAs in three of the Projects as Dr. ... The position of the Crown that the work performed by Jim Farms does not fit within paragraph (d) appears to ignore the phrase “ with respect to. ” [73]         Paragraph (i) of the SRED definition reads: “scientific research and experimental development” means systematic investigation or search that is carried out in a field of science or technology by means of experiment or analysis and that is […] but does not include work with respect to […] (i)      the commercial production of a new or improved material, device or product or the commercial use of a new or improved process, [74]         The Crown’s position with respect to this provision is summarized in the Reply as follows: The Payments for feed for – and raising of – the feedlot cattle in the 4 Projects were attributable to the commercial production of improved Farms’ feedlot cattle or the commercial use of an improved process for raising Farms’ feedlot cattle at the commercial feedlots. [75]         I would make a few preliminary comments about the Crown’s position. [76]         First, the above statement focuses on “ Payments. ” However, the commercial use exclusion relates to the work performed and not the consideration paid. ...