Search - consideration

Subsequent to the above-described assignment, she assigned her right to the amount to the respective wives of the appellant and George Anastas, each wife taking a 50% share of the right to the total debt, and for which share only nominal consideration was paid in each case. ... A copy of the director’s minutes effecting the first assignment was entered as Exhibit A-1: IN CONSIDERATION (sic) of certain valuable consideration and the sum of one dollar ($1) paid to us, we hereby assign to Mary Kathleen Cusack the account of Ventures Marketing owing to us in the amount of $44,667.77. ... I am also satisfied that the effect of Exhibit A-1, as far as GCP Ltd was concerned, was to eliminate the accounts receivable from consideration in its records for purposes of the sale. ...

An amount received by from another (a) during a period while the payee was an officer of, or in the employment of, the payer, or (b) on account or in lieu of payment of, or in satisfaction of, an obligation arising out of an agreement made by the payer with the payee immediately prior to, during or immediately after a period that the payee was an officer of, or in the employment of, the payer, shall be deemed, for the purposes of section 5, to be remuneration for the payee’s services rendered as an officer or during the period of employment, unless it is established that, irrespective of when the agreement, if any, under which the amount was received was made or the form or legal effect thereof, it cannot reasonably be regarded as having been received (c) as consideration or partial consideration for accepting the office or entering into the contract of employment, (d) as remuneration or partial remuneration for services as an officer or under the contract of employment, or (e) in consideration or partial consideration for a covenant with reference to what the officer or employee is, or is not, to do before or after the termination of the employment. In other words, a sum paid by an employer to his employee shall be deemed, for the purposes of section 5, to be remuneration for the payee’s services, unless the sum received cannot reasonably be regarded as consideration for an office, remuneration for services or consideration for a convenant; this reflects the comments of the learned Noël, J, in Ransom (supra). ...

Williams, [1975] C.T.C. 392 Kerr, J: 1 This relates to an order to show cause, dated August 19, 1974, made by this Court pursuant to Rule 2400 of the Federal Court Rules, which imposed a charge on land or interest in land of the defendant more fully described in the said order. 2 The order to show cause why the land or interest should not be charged was initially returnable on October 21, 1974, and eventually, after substitution of new dates, came on for hearing and further consideration at Vancouver on April 7, 1975. ... Rule 2400. (1) The Court may make an order imposing a charge on land or an interest in land of a judgment debtor. (2) Any such order shall in the first instance be an order to show cause, specifying the time and place for further consideration of the matter and imposing the charge until that time in any event. (7) On the further consideration of the matter the Court shall, unless it appears (whether on the representation of the judgment debtor or otherwise) that there is sufficient cause to the contrary, make the order absolute with or without modifications. (8) Where on the further consideration of the matter it appears to the Court that the order should not be made absolute, it shall discharge the order. 3 A certificate signed by Donald Brown Cameron, Director of Collections, Department of National Revenue, Taxation, under section 223 of the Income Tax Act, and section 24 of the Canada Pension Plan, was filed in this Court on August 16, 1974. ... The section must, of course, be read with the other provisions of the Act to which I have referred. 15 I reject the argument by counsel for the defendant that section 223 of the Income Tax Act is contrary to the Canadian Bill of Rights and that the certificate produced and registered in this Court, coupled with the subsequent charging order, has deprived or is depriving the defendant of the right to a fair hearing and constitutes an infringement of her right to enjoyment of her property and her right not to be deprived thereof except by due process of law. 16 Therefore, on the further consideration of the matter pursuant to Rule 2400, it does not appear to me that sufficient cause has been shown why the aforesaid charging order, dated August 19, 1974, should not be made absolute. ...

Facts 2 On March 11, 1992, David Brown transferred ownership of his home to his mother Betty Brown (the Appellant) for no consideration. ... The transferee's liability is only up to the amount of the gift portion of the value of the property which they received (i.e. fair market value- consideration given) or the actual tax liability of the transferor, whichever is less. 14 In Trinka Holdings Inc. v. ... Decision 21 Both appeals are allowed and referred back to the Minister for reconsideration and reassessment on the basis that at the time of the transfer of the property the transferor had equity in the property of $4,000.00 and the consideration given by the Appellant for this equity was nil. ...

London Life acquired the construction inputs for the purpose of providing taxable supplies, i.e. leasehold improvements to its landlords for consideration, i.e. the tenant improvement allowances. ... But when the leasing transactions are considered independently, London Life is supplying the leasehold improvements to the landlords for the consideration of the leasehold improvement allowances. ... GST is payable on the tenant improvement allowances received by London Life as consideration for improving the leased premises. ...

  [19]          Overall, a consideration of the parties’ intentions is consistent with the workers not being employees of Wellbuilt ... The CRA concludes that, having weighed these considerations, there was an employment relationship. ... Indeed, in many cases, including this one, intention may well be one of the prevalent considerations.     ...

THE SUPPLY OF RENTAL OF REAL PROPERTY IN DECEMBER 1995 [30]     The Minister assumed the Appellant made a taxable supply by way of rental of real property for consideration in the amount of $5,411.50 on December 1, 1995 and the Appellant was required to collect the GST on the consideration. [31]     The Appellant's evidence was that the rents were collected prior to December 1995 by Royal Trust. [32]     Until November 28, 1995, Royal Trust, as mortgagee of a mortgage in default, was in control and managed the subject property. [33]     Exhibit A-1 shows the settlement between the tenant and Royal Trust for the rents for December. ... The purchaser was not a GST registrant at the time of the disposition. [41]     The Appellant did not collect the tax under Division II payable by the recipient in respect of purchase. [42]     Under subsection 165(1), the recipient of a taxable supply is required to pay tax equal to 7% of the value of the consideration for the supply. ... The Appellant was required to collect the GST on the consideration. The Appellant underreported GST collectible of $7,640.70 in the supply of the building in Grand Falls, Newfoundland. ...

It lists each of the four properties and states that the consideration for the transfer is the sum of $1.00 and other good and valuable consideration which the transferor acknowledges having received from the transferee. ... In fact, not only does the deed of transfer contain no reference to the Agreement or to the alleged separation but there is no mention of the consideration of $1.00 and other good and valuable consideration being for child support ... It states instead that the consideration is $1.00 and other good and valuable consideration. ...

In the absence of evidence provided by the applicants to demonstrate the expected difficulties in receiving appropriate services, the officer found that the best interests of the child A.H. would not be jeopardized. [22]            The respondent stated that the officer had to determine whether there were sufficient H&C considerations for an exemption from the requirement of the law to allow the permanent residence application, and that he had to take the various factors into consideration. [23]            To summarize, the respondent and the officer carefully considered the best interests of the child A.H. ... Canada (Citizenship and Immigration), 2013 FC 1224, at paragraph 28). [29]            Moreover, although the best interests of the child is a very significant factor in the assessment of H&C considerations, this factor alone does not overshadow all others (Hawthorne v. ... Conclusion [32]            For these reasons, the Court finds that the IRCC officer’s decision to deny the permanent residence application based on H&C considerations under subsection 25(1) of the IRPA is reasonable. [33]            The application for judicial review is therefore dismissed. ...

[Page 403] The company, in consideration of the sale, agreed to pay to the vendor the sum of $5,000 in cash, upon the execution of the agreement by the company, and to issue to the vendor, or her nominee, 25,000 shares of the company’s capital stock of the par value of $1 each, fully paid up. ... Also, as the appellant has no reversion, and [Page 405] receives one-tenth of the specified minerals as part of the consideration of the sale of the inheritance, it is most unlikely that Parliament intended to include the appellant’s tenth as income, within the meaning of paragraph (a) of section 3, above quoted. ... Rowlatt J., who pronounced the judgment, said at pp. 714-715, as to the contention that the ten per cent, upon sales was part of the consideration for the transfer: There is no law of nature or any invariable principle that because it can be said that a certain payment is consideration for the transfer of property it must be looked upon as price in the character of principal. ...