Search - consideration

The creation of such a stringent test is justified since no consideration moves from the party in whose favour a waiver operates.  ... The creation of such a stringent test is justified since no consideration moves from the party in whose favour a waiver operates…. [16]          The Supreme Court of Canada has spoken on the issue and as far as I can determine, this is still the law no consideration is required. If I am in error on this particular point that consideration is required, I am of the view that there is good and valid consideration flowing to the Appellant. ...

Liliane Jennewein—never agreed to give up her right of ownership or to dispose of her building, and there was never any consideration even though there appears to have been consideration in the contract. ... To do this, counsel likens the payment of a certain amount of money to consideration. ... Moreover, Tancelin points out in Des Obligations (Nos. 168-70) that the term "consideration" as found in Article 984 of the Civil Code is absolutely not related to the concept of consideration” chiefly used in English law. ...

Counsel submits further that the receipt of loan proceeds cannot be regarded as “consideration” within the meaning of subsection 97(2). ... It was held that the amount so received was “consideration” for the purpose of subsection 97(2). ... As such, the cash payment in Haro Pacific could clearly be treated as “consideration” to the electing partner. ...

No Did the parents receive a benefit or consideration from the Appellants in return for their payment of the alternative Christian program fees? ... b) Did the parents receive a benefit or consideration from the appellants in return for their payment of the alternative Christian program fees? ... Did the parents receive a benefit or consideration from the Appellants in return for their payment of the alternative Christian program fees? ...

On July 20, 1965 Pawnee, for the purpose of implementing the terms of settlement and for a consideration of $1 and other good and valuable consideration assigned its Renke lease of February 19, 1964 to California Standard and California Standard, on its part in consideration of the nominal consideration of $1 paid by Frederick Renke and Pawnee respectively, released the said Renke and Pawnee from all claims for damages arising out of the legal proceedings between the parties. ... In consideration of the covenants contained herein, it is agreed between us as follows: 1. ... After a thorough consideration of all the evidence I have reached the conclusion that Pawnee was clearly in the business of trading in mineral and oil titles and leases. ...

(c) A critical consideration of the reasons advanced for the eventual abandonment or the frustration of the stated intention. ... As indicated in Bassani (supra), the consideration of alternatives should be regarded as a responsible business approach in making any investment decision and in itself it need not be a factor in attracting income tax liability for the investor. ... A conclusion must be reached by the Board as to where, along the scale from the “consideration of a possibility” to a “viable or probable alternative”, the prospect of such a sale was placed at the date of acquisition by the taxpayer. ...

That it is agreed that the shares as intended to be issued be so issued for consideration other than the payment of cash, that consideration being as aforesaid. 3. ... Here we have an obligation to issue preference shares in consideration of the transfer of a building. ... There is no basis, in my view, for confining the word "consideration" to executed consideration. ...

It provided that Thomvest would pay a certain amount of money (the “Payment Amount”) as consideration for Pangaea’s agreement to execute the share purchase agreement (“SPA”) involving the sale of the subject shares to Telus. [8]   It was clear on the face of the Letter Agreement that the Payment Amount was to be paid by Thomvest “as consideration for Pangaea’s agreement to execute the SPA”. ... It agreed to deliver the Payment Amount in consideration of which the Appellant agreed to waive that right and execute the SPA with Telus. ... This would be the case where, for example, in a transaction involving a sale of all the shares of an operating company, the principal enters into a NCA, but all the monetary consideration is allocated to the shares. ...

The “Agreed Amount” in form T2059 [2] signed by the Appellant and the Partnership was $17,667,342 and the fair market value of the consideration received shown in that document was $17,087,117. ... Counsel also stated that the fair market value of the consideration received by the Appellant was $17,087,117 as stated on that form. ... This results, under paragraph 85(1)(b), in the total amount agreed on in the election being less than the fair market value of the consideration for the property transferred to the Partnership. ...

Paraphrasing paragraph 6(3)(b) and paragraph 6(3)(c), where an amount is received by a person in satisfaction of an obligation arising out of an agreement made by that person and the payor immediately prior to, during or immediately after a period when the person was employed by the payor, that payment is deemed to be remuneration during the period of employment subject to this exception: if it is established that the amount received cannot reasonably be regarded as consideration or partial consideration for entering the contract of employment, it will not be deemed to be remuneration. ... It has not been established that this payment "cannot reasonably be regarded as having been received as consideration or a partial consideration for...entering into the contract of employment”. On the contrary, it is clear that the payment arising from the satisfaction of the obligation that arose under this agreement was received as ’’consideration or partial consideration” for entering into the contract of employment. ...