Search - consideration

Both 3507271 Canada Inc. and 100935 Canada Inc. elected to receive Exchangeable Shares in consideration for their Common Shares of Newbridge and in fact received 110,426 and 532,726 Exchangeable Shares respectively.   15.       ... The consideration given by the Appellant was 100 shares of its treasury.   17.       ... The consideration given by the Appellant was 100 shares of its treasury. ...

Nikolaisen, [2002] 2 S.C.R. 235, Lang J.A. wrote at paragraphs 30 to 33 of her Reasons for the Court: 30   To begin with, the trial judge must apply the proper principles of contract interpretation, including consideration of the clause in the context of the entirety of the contract. ... [Emphasis added]   [33]            In United Brotherhood of Carpenters and Joiners of America, above, the issue was whether the interpretation of certain provisions of a collective agreement by an arbitrator and his consideration of extrinsic evidence in reaching that interpretation were patently unreasonable. ... First, failing a finding of ambiguity in the document under consideration, it is not open to the Court to consider extrinsic evidence. ...

This so‑called “exchange” or “deal”, which the Respondent sees mirrored in the settlement offer, is simply divorced from the relevant factual and legal considerations. ... For example, in Abed Estate v The Queen, 82 DTC 6099, the Federal Court of Appeal, at page 6103, held the following:   … Moreover, the Court could not, in my view, render a judgment which could, for certain of the years under consideration, result in a higher assessment than the assessment under attack. …   [34]         I do not accept the distinction that Respondent Counsel proposed between subsections 152(5) and 169(3) respecting the Minister’s ability to increase its own tax assessment. ... Where no discontinuance has been filed respecting the appeal of the 2007 Reassessment and where I have concluded the 2012 Reassessment is void, the validity of the 2007 Reassessment remains before this Court for consideration on this motion ...

Lech in consideration of payments to be received in the amounts and on the dates evidenced by the postdated cheques that Mr. ... (g) Were the payments in consideration for something provided by Ms. Johnson? ... Each series of payments, represented by the postdated cheques, was consideration for a payment made by Ms. ...

All of the considerations, documentation and searches necessary to complete the sales were paid and done before the end of each respective year. ... The values agreed to were correct and the consideration was real and enforceable. ... Business entities and properties were transferred for consideration. The contracts bound the parties and they did not deceive anyone. ...

Also subsection 162(11), in dealing with penalties, prohibits the consideration of specified future tax consequences from the calculation of tax for a previous year. ... This fails to take into consideration the distinction between the Part XIII interest owed by Canadian residents and the joint and several liability imposed on non‑residents. ...     [24]     Finally, in respect to the consideration of the purpose behind the sections, the Appellant revisits the argument that was made in respect to the operative words “instead of” referenced in subsection 218.3(3) and the suggestion that section 216 should be interpreted in the same way as subsection 218.3(3). ...

Influence in a very direct way the shareholders who would otherwise have the ability to elect the board of directors. [41]         In Transport Couture the trial judge looked to facts concerning operational control, economic dependence and family relations, and referred to Société Foncière ’s consideration of the economic, contractual and moral influence over a corporation’s affairs. ... I see no reason for this mandated approach to de jure control to not similarly apply to de facto control, such that, in considering and applying the de facto control test, factors and considerations, this Court should be attempting to determine who is, in fact, in effective control of the affairs and fortunes of the corporation. ... This is also a significant consideration of the Federal Court of Appeal in Silicon Graphics at paragraph 72(g). ...

Discharging Phillip was forgoing a better prospect for financial recovery and all documentary evidence shows that the only considerations for the acquisition and discharge were income tax considerations. ... Subparagraph 40(2)(g)(ii) reads as follows:   (2) Limitations- Notwithstanding subsection (1),                     … (g) a taxpayer's loss, if any, from the disposition of a property, to the extent that it is                     … (ii) a loss from the disposition of a debt or other right to receive an amount, unless the debt or right, as the case may be, was acquired by the taxpayer for the purpose of gaining or producing income from a business or property (other than exempt income) or as consideration for the disposition of capital property to a person with whom the taxpayer was dealing at arm's length, …  is nil;   [37]     I will deal firstly with the threshold issue as to the Appellant’s purpose for seizing Phillip’s Debenture as an isolated event ... It is this aggregate amount that is referred to in these Reasons as the “Debenture” or “Phillip’s Debenture”. [4] Although the Agreed Statement of Facts (paragraphs 20 and 21) refer only to the Appellant accepting Phillip’s Debenture in full satisfaction of the $4,500,000, it seems apparent that the parties accept that the common shares which formed part of the Shoppers’ Securities were assigned to the Appellant and accepted as well as part of the consideration for Phillip being released from his debt to the Appellant. ...

No shares other than common shares were outstanding after the IPO. [5]                 Alias subsequently issued common shares as a result of private placements, exercise of employee share options, consideration paid for corporate acquisitions and fees for services rendered by third parties, from November of 1990 through the end of Alias's 1993 taxation year. ... This makes the terminology consistent with that used elsewhere in the Act relating to control and is not intended to cause any change in meaning. [50]            Of course, Technical Notes are not binding on the courts, but they are entitled to consideration. ... The argument was as follows: In December 1991, Silicon US agreed to advance up to $5,000,000 US to Alias in consideration of a security interest in all the assets of Alias and the issuance of warrants to acquire common shares of Alias. ...

I do not believe subsection 56(4) is designed to reattribute income where the transferor has disposed of all of the interest it had in property for fair market value with additional commercial considerations as motivating factors for the transfer. ... Lee that commercial considerations, including saving CJC from bankruptcy as a result of a debt to Voyager Energy Inc., [16] were the prime motivation. ... Lee that commercial considerations were an important reason for the transfer. ...