Search - consideration

Cette démarche consiste donc à dégager la véritable signification d'un texte législatif par l'entremise d'une recherche du but et l’objet qui semblent animer la disposition litigieuse de même que par la prise en considération des termes qui y sont utilisés. 4.03.6 L'interprétation du concept de transformation est au coeur du présent litige, compte tenu de l’absence manifeste de toute forme d'activité de fabrication effectuée par l'appelante. ... À cet égard, la prise en considération de l’ensemble des situations visées par les dispositions litigieuses laisse fortement présumer que le législateur souhaite diriger les éventuels investisseurs vers les secteurs primaire et secondaire de son économie. ... Le second principe directeur à prendre en considération est le suivant: La transformation facilite-t-elle la commercialisation du produit? ...

Norman Barmash (the transferor) transferred to appellant (the transferee) the sum of $62,500; [admitted] (f) at the time of the transfers appellant gave no consideration for the amount of $62,500; [denied] (g) at the time of the transfers, appellant and Mr. ... Tax liability re property transferred not at arm's length. (1) Where a person has, on or after the 1st day of May, 1951, transferred property, either directly or indirectly, by means of a trust or by any other means whatever, to (e) the transferee and transferor are jointly and severally liable to pay under this Act an amount equal to the lesser of (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and (ii) the aggregate of all amounts each of which is an amount that the transferor is liable to pay under this Act in or in respect of the taxation year in which the property was transferred or any preceding taxation year, but nothing in this subsection shall be deemed to limit the liability of the transferor under any other provision of this Act. 4.02 Cases at law The parties referred the Court to the following cases at law: 1. ... It was only in her name and she left all the power to her husband. 4.03.7 The respondent's argument The respondent, on the other hand, contends that at the time of the transfer, the appellant gave no consideration for the amount of $62,500. ...

., [1987] 2 C.T.C. 2113, 87 D.T.C. 425, for the proposition that the primary purpose must be that of turning the writing into a money-making operation and not for personal considerations. ... This matter was not actively pursued by the appellant but after a thorough consideration of the relevant authorities, [1] I agree with the respondent's submission on it. ... Further, on the next page he concluded: The manner in which the appellants chose to carry on their research leads to the conclusion that personal consideration may have been more important in the operation of their undertaking than the search for profits. ...

<x $5.00 = $217,500.00 Des Laurentides Boulevard: 128,325 sq.ft. x $4.00 = $513,300.00 remainder of the land: 123,218 sq.ft. x $2.00 = $246,436.00 TOTAL: $977,236.00 Taking the entire analysis into consideration to determine the valuein this matter, I am of the opinion that its aggregate market value as of December 31, 1971, in round numbers is $977,000.00. ... Brochu also said that he had not taken the emphyteutic leases into consideration because the one in existence on December 31, 1971, had characteristics of a transaction between obviously related persons. ... Authors specializing in this discipline have proposed certain methods that may be applied in such determinations and factors that should be taken into consideration in producing a valuation. ...

Internal arrangements are a circumstance to be taken into consideration in an appropriate case. ... It is quite clear from the above that Judge Bonner anticipated that a "standard of care" reflecting the so-called "due diligence” test might require review and fixation in other appeals, and that “internal arrangements are a circumstance to be taken into consideration in an appropriate case”. ... The situation, as I read it, leaves no room for such interpretation, even though the Minister’s compassion and consideration in suggesting it might well be appreciated by appellants. ...

One consideration may point so Clearly that it dominates other and vaguer indications in the contrary direction. ... Although the categories of capital and income expenditure are distinct and easily ascertainable in obvious cases that lie far from the boundary, the line of distinction is often hard to draw in border line cases; and conflicting considerations may produce a situation where the answer turns on questions of emphasis and degree. ... Exhibit R-4 contains the following passage at pages 9 and 10: The various sections of the study that follow are based on the premise that there is no validity in an argument that one set of accounting principles is appropriate for the small company whereas a different set is needed for the large companies; admittedly considerations of materiality may have some bearing. ...

The respondent's position is set out clearly in paragraphs 5(g) and (h) of the reply to the notice of appeal, which read as follows: [Translation] (g) The amounts paid for purchase of the equipment were paid in the general context of a normal business relationship and represent part of the consideration which NBEPC (the Commission) had undertaken to pay the appellant pursuant to the contract between the parties. ... This unique situation does not mean, however, that the fundamental legal principles should be ignored in favour of considerations relating exclusively to the uniqueness of the transaction. ... In the circumstances, the arguments of counsel for the respondent set out in his reply to the notice of appeal to the effect that the amounts paid for the equipment purchase were paid in the general context of a normal business relationship and represent a portion of the consideration which NBEPC had undertaken to pay the appellant are correct and consistent with reality in view of the evidence. ...

One consideration may point so clearly that it dominates other and vaguer indications in the contrary direction. ... One of the factors that will be taken into consideration in the case of a loan or a guarantee will be the fact the loan has been made or the guarantee given for the purpose of having the borrower contribute to the production of income from the lender's current operations [Henry Freud]. 4.03.3 Respondent's general argument Relying on various judicial decisions as well, the respondent for his part based his argument on the following considerations: (i) losses on loan debts sustained by persons not operating money lending businesses are normally capital in nature, except in exceptional circumstances: M.N.R. v. ...

Until delivery, all risk and responsibility for the timely procurement and safe-keeping of all raw materials, including materials which may, for convenience or cost consideration, be supplied by its customer, is with the Appellant. ... The Appellant referred to the ownership of the fuel oil as being left with the mine “for commercial or cost consideration”. The contracts speak for themselves and they do not specify this consideration. ...

By agreement made as of June 1, 1975 the appellants sold assets owned by them as partners to Jack Shaw and Norma Shaw, in trust for Jack Shaw Enterprises Ltd, a company to be incorporated, in consideration of a non-interestbearing promissory note in the amount of $22,530.39 and one hundred common shares in the capital stock of Enterprises, making the election pursuant to subsection 85(2) of the Income Tax Act. ... NOW THEREFORE in consideration of the premises and the terms and conditions herein contained other good and valuable consideration it is hereby agreed; 1. ...