Search - consideration

Giving consideration to all the evidence provided, the level of activity, the amount of time, energy, skills put forward and reviewing the jurisprudence available to us, I feel that Mr. ...

It was a special purpose purchase and therefore consideration had to be given to the prices paid for the various properties. ...

Such a tenant is one of known significant financial substance who is prepared to make a sufficient commitment to the use of a proposed commercial building that this operates as a very persuasive consideration in securing financing from lending institutions. ...

In consideration for the extension of credit the Bank required from Landmark, in addition to other security, a fixed and floating charge debenture securing payment to the Bank of the principal sum of $750,000, a registered general assignment of book debts and an assignment of inventory pursuant to section 178 of the Bank Act (enacted pursuant to the Banks and Banking Law Revision Act, 1980 SC, c 40). ...

Scarburn received $18,000.00 in 1981 in consideration of the services provided, representing $6,000.00 per year for the three- year period; (g) Scarburn provided no other services to Midwest and there was no employment contract between Scarburn and Midwest; (h) in his 1980 and 1981 Income Tax Returns the Appellant reported no commission income; (i) in its 1979 Income Tax Return Scarburn reported no commission income; (j) in its 1982 Income Tax Return Scarburn reported no income. ...

In Leonard Reeves Inc v MNR, [1985] 2 CTC 2054; 85 DTC 419, a number of propositions are enumerated which are applicable to ascertaining relevant intentions in relation to “trading cases” of the kind under consideration. ...

This was in consideration of a $38,000 debt owing to Dr Rosenfeld. On July 26, 1976, Dr Rosenfeld and Mr Palnick sold both parcels of Pt 199 to Michel Langelier Inc and Morin & Associates Inc for $6,000 per arpent, whence the $108,321.97 profit earned by Dr Rosenfeld and the $83,450 profit earned by Mr Palnick. ...

Exhibit A-8 at pages 28 and 29, and Exhibit A-9 at page 14 read as follows: (Exhibit A-8 at pages 28 and 29): In making the foregoing orders the Board has also taken into consideration the fact that the Claimants have had the use of $356,250.00 since April of 1977 and retained these funds after abandonment in July of 1977, the same having been formally demanded on July 28th, 1977 (Exhibit #55). ...

He also argued that because the appellant dabbled in selling some residential houses he should not be considered as a professional trader in land and that we should abide by a decision Bowyer-Boag Limited v MNR, 2 Tax ABC 202 at 206; 50 DTC 311 at 313 which reads as follows: In my opinion, the following factors should be taken into consideration: first, the intention of the recipient at the time the asset was received; secondly, the manner in which the asset came into the hands of the recipient; thirdly, the manner in which the asset was dealt with by the recipient in the period during which it was held; fourthly, the economic factors present during the period that the asset was held; and fifthly, the surrounding circumstances and economic factors present when the asset was disposed of. ...

The Court was also asked to use its discretion in its consideration of an amount of $7,889 appearing in the Minister’s net worth assessment. ...