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BETWEEN: MYRTLE LOUISE McCREATH, of the City of Toronto, in the County of York, hereinafter called the ‘Settlor’ OF THE ONE PART [Page 5] —and— NATIONAL TRUST COMPANY, LIMITED hereinafter called the ‘Trustee’ OF THE OTHER PART WHEREAS the Settlor will be entitled to a voting trust certificate representing 99,986 common shares in the capital stock of Mount Royal Paving & Supplies Limited; AND WHEREAS the Settlor desires to establish a trust respecting the said voting trust certificate as hereinafter set forth; AND WHEREAS the foregoing recitals are made by the Settlor and not by the Trustee; NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the sum of one dollar by each of the parties hereto to the other paid, the receipt whereof by each of the parties is hereby acknowledged, it is agreed by and between the parties hereto as follows: 1. ... Our concern here is the interpretation of a statute, and such a task requires consideration of the total context in which a given word or section is found. ... (p) (viii) any property passing under any past or future settlement, including any trust, whether expressed in writing or otherwise and if contained in a deed or other instrument effecting the settlement, whether such deed or other instrument was made for valuable consideration or not, as between the settlor and any other person, made by deed or other instrument not taking effect as a will, whereby an interest in such property or the proceeds of sale thereof for life, or any other period determinable by reference to death, is reserved either expressly or by implication to the settlor, or whereby the settlor may have reserved to himself the right by the exercise of any power to restore to himself, or to reclaim the absolute interest in such property, or the proceeds of sale thereof, or to otherwise resettle the same or any part thereof,… The trial judge held that it was property passing on death because Mrs.  ...

He submits that on or about February 21, 2002, the Estate transferred the Property to the Appellant for no consideration and the Estate was liable to pay at least $16,376.77 under the Act respecting the 2001 and 2002 taxation years. ... The transfer was for no consideration and the Estate was liable to pay at least $16,376.77 under the Act respecting the 2001 and 2002 taxation years. ... The Queen, 2013 TCC 60, the Minister had assessed the appellant on the basis her former spouse had transferred proceeds of his RRSP to her – without consideration-  upon his death at a time when he was liable under the Act for a large amount of tax ...

These factors should then be analyzed to determine what weight they should be given in identifying the location of the property, in light of three considerations: (1) the purpose of the exemption under the Indian Act; (2) the type of property in question; and (3) the nature of the taxation of that property. ... Taking these factors into consideration, the Court noted: 11.       ... ... In particular, the Federal Court of Appeal noted in that case that consideration ought to be given to the "way the income was derived". ...

Quotes on estimated fees from a firm of consulting engineers were obtained for Mr Mentzelopoulos’ consideration. ... After such consideration, he concluded that those objective facts and circumstances were to a large extent, inconsistent with and contradictory of Mr Mentzelopoulos’ statements of intention concerning the holding of the land. ... However, even assuming that the trial judge may have been wrong in failing to accept this reason as bona fide, it is my view as stated supra, that taking all of the relevant facts and circumstances into consideration, including the evidence of Mr Mentzelopoulos, the trial judge was entitled to conclude as he did, that subject transaction was an adventure in the nature of trade. ...

Rather, they transferred to the corporation for valuable consideration their right to carry on the service station business with the intent that the corporation would henceforth carry on that business for its own account. ... It further authorized payment of the stipulated consideration by way of a demand, non-interest bearing promissory note in the sum of $22,530.39 and the allotment and issuance of 100 fully paid and non-assessable common shares for the balance of $1,100. ... Davis, Q.C., stated the ratio of the case at page 55 (D.T.C. 253): Consideration of the evidence heard leads to a finding that Swetnam Lumber Limited and William J. ...

With respect to Quebec, RDF designated $200,000 as consideration received for the promissory note. ... The manifest object of the appellant in entering the transaction, taking into consideration the payment of the promissory note and the right to apply tax credits, was to make a profit. ... In my opinion, consideration must be given to the nature of the provision and whether it is substantive or procedural. ...

The increase in the purchase price shall also be in consideration for Carter Oil & Gas Ltd.’s withdrawal of its Demand of Payment, and for it not to pursue the legal remedies available to it to enforce payment of such note. ... (Pratte and Lacombe J.J. concurring) held that:...in order to speak strictly and accurately of an expense incurred in the course of a loan, the expenditure must as such have had no consideration other than the loan, or in other words, it must be an expenditure resulting in a diminution of the borrower’s property. The consideration of the additional $1,250,000 was for something other than the debt of $3,500,000, counsel declared. ...

They say the sale was structured as it was, at the request of the plaintiffs, on account of business considerations other than tax. ... And, any such tax advantage was but one of many considerations in the completion of this sale. ... And while he wished to minimize his tax liability if possible, that was not the sole or governing consideration in structuring the sale. ...

The payment to be made by Seller pursuant to Section 1.4 of the Prospect Agreement shall be $3,756,000.00 plus certain interest which was accrued since the date of the Prospect Agreement rather than $2,756,000.00 and the payment to be made by Purchaser pursuant to Section 1.2 of the Prospect Agreement shall take into consideration, and be reduced by the payments to be made by Seller pursuant to Section 1.4 of the Prospect Agreement as modified by this paragraph 8. 9. ... It is inaccurate and unduly simplistic to see this as a garden- variety payment by a guarantor of a principal debtor’s obligation, followed by a subsequent waiver, for no consideration, of the subrogated debt. The waiver was an essential ingredient in the entire transaction, and even if I accepted the appellant’s analysis (which I do not) that it acquired a debt which it waived, the consideration for that waiver cannot, either as a matter of law or as a matter of commercial common sense, be regarded as nil. ...

(o)                 The supporting documentation (invoices) submitted does not contain a description sufficient to identify the supplies made by the two (2) suppliers, which were acquired by the appellant (the quantity and quality of the jewellery supplied, the consideration for each item, etc.), but indicates only "assorted gold jewellery", "assorted gold merchandise" or some similar phrase, and shows only the total amount to be paid as consideration for the supplies.   ... The Minister indicated in his assumptions that the description was not sufficient in that it contained neither the quantity or quality of jewellery supplied nor the consideration required for each item ... The respondent argued that to meet this requirement the invoice must show the quantity and quality of the jewellery supplied and the consideration for each item. ...