Search - consideration

The Court further held that the consideration given to the company by Mr. ... Counsel for the respondent argued that the payment was consideration described in either paragraph 6(3)(c) or 6(3)(e). ... They relate to amounts received as consideration for the formation of the contract of employment. ...

Subsequent to the payment of the aforesaid maintenance and in consideration of the said payments and in consideration for the husband transferring to his wife his interest in the marital home, the wife waives all future rights to maintenance, support or alimony from the husband for herself. ... The interpretation of this section has been the subject of consideration in many cases, a number of which were cited by each of the parties in support of their arguments. ... In such a case the alimony or allowance cannot be a total fixed amount payable by instalments up to the amount of $20,000 over a period of five years as in the case at bar, as the consideration for alimony or an allowance is the need of the creditor, whereas here the consideration is the waiver of benefits resulting from the marriage contract. ...

(e) The company acquired the assets and assumed the liabilities of the partnership for a consideration of $77,532. ... The company had already paid the Appellant all of his share of the $77,532 consideration for the partnership’s assets and liabilities apart from the $19,000 corresponding to his share of the consideration paid for non-existent assets. ... I consider Mr Murray’s appraisal to have been prepared with due care and consideration. ...

This bus had been purchased by the appellant in 1968 and was not in the best condition. 3.16 The price of $31,500 does not seem to have been the subject of a great deal of consideration. ... Thus in order to obtain the benefits of the Act with respect to dispositions of eligible capital property, it is necessary, under subsection 14(1), that the consideration (the contract on the three routes granted by the appellant for the sum of $31,500) be such that if any payment had been made by the appellant after 1971 to acquire that consideration, the payment would have been an eligible capital expenditure within the meaning of paragraph 14(5)(b). ... Moreover, if it takes into consideration the fact that the appellant had been serving the said routes since its incorporation in 1966, three years after Mr Lague himself acquired and served them (para 3.07) and if it takes into consideration the fact that each tenderer was in practice the only one to tender for its own routes (para 3.08), this strengthens the appellant’s position in this regard. ...

None of these notarial deeds refers to the fact that it was the appellant who was the owner of the Grand Calumet property prior to December 17, 1984.1 therefore consider that this property was transferred to the appellant on that date in consideration of the sum of $25,000. ... As the appellant had had a right of ownership over this amount since 1967, she may be regarded as having given consideration at least equal to the amount of the gift, namely $25,000 (see the judgment of the Quebec Court of Appeal in Importations Keystone Inc., Re (24 mai 1995), no C.A. ... At the same time, I consider I do not have to rule on the question of whether the property was transferred to the appellant for consideration less than the fair market value of the property in 1984, since the assessment pursuant to s. 160 was not made on the basis of that transfer and the pleadings do not expressly deal with this point (see Cooke v. ...

This provision does not govern when the appellant was required to remit the GST/HST it collected, but rather, governs when GST/HST was payable by the appellant’s customers. [15] Generally speaking, the appellant’s customers, as recipients of a taxable supply made in Canada, are required under section 165 of the ETA to pay GST/HST on the value of the consideration for the supply. ... The appellant would also generally be required to remit the amounts collectible and collected from its customers less any input tax credits to the Receiver General of Canada within the applicable timeframe from the end of each of its reporting periods (ETA, s. 225, 228(1), 228(2), 238(1)). [16] Subsection 168(1) of the ETA provides that GST/HST “in respect of a taxable supply is payable by the recipient on the earlier of the day the consideration for the supply is paid and the day the consideration for the supply becomes due”. To determine when the consideration for a taxable supply becomes due, subsection 152(1) of the ETA provides: 152 (1) For the purposes of this Part, the consideration, or a part thereof, for a taxable supply shall be deemed to become due on the earliest of 152 (1) Pour l’application de la présente partie, tout ou partie de la contrepartie d’une fourniture taxable est réputée devenir due le premier en date des jours suivants: (a) the earlier of the day the supplier first issues an invoice in respect of the supply for that consideration or part and the date of that invoice, a) le premier en date du jour où le fournisseur délivre, pour la première fois, une facture pour tout ou partie de la contrepartie et du jour apparaissant sur la facture; (b) the day the supplier would have, but for an undue delay, issued an invoice in respect of the supply for that consideration or part, and b) le jour où le fournisseur aurait délivré une facture pour tout ou partie de la contrepartie, n’eût été un retard injustifié; (c) the day the recipient is required to pay that consideration or part to the supplier pursuant to an agreement in writing. c) le jour où l’acquéreur est tenu de payer tout ou partie de la contrepartie au fournisseur conformément à une convention écrite. [17] In this case, the appellant’s reliance on subsection 168(1) of the ETA is misguided and fails to consider the interplay between subsections 152(1) and 168(1) of the ETA as well as the phrase in the opening portion of subsection 152(1) of the ETA “shall be deemed to become due on the earliest of” and the phrase in subsection 168(1) “on the earlier of the day”. [18] It was open to the Minister to conclude that the appellant’s decision to divert the payroll deductions to fund other obligations of the business, including shareholders’ salaries, did not merit the relief sought. ...

Imperial may by written notice (the ‘repayment notice’) require the Dealer to repay the unearned portion of the monetary consideration and the Dealer shall repay to Imperial said unearned portion of the monetary consideration within 10 days after such notice is given. ... Provision was also made for security for repayment of the unearned portion of the monetary consideration. ... The appellant argued that the monetary consideration payable under the Dealer Improvement Agreement was paid solely in consideration of the grant by it of the right of first refusal and was a capital receipt. ...

The obligation to preserve and transmit is an express prohibition on gratuitous disposition, whether by instruments inter vivos or by will, not only of the actual property itself but also of the proceeds of alienations the Survivor may make for consideration during his lifetime, or of property in which such proceeds are invested. ... At the death of the first decedent, however, the residue is all property included in the gift. (6) The right to sell, mortgage and exchange property necessarily presupposes contracts for valuable consideration. “Perform any transaction he thinks fit” refers to transactions eiusdem generis, in other words for consideration. ...

The Transfer/Deed of Land shows a nominal consideration of $2.00. The Affidavit of Value and Consideration attached to the Deed/Transfer of Land and forming part of Exhibit R-11 states that the consideration is nominal because it is a transfer from husband to wife for natural love and affection. ... Having regard to his transfer of his one-half interest in the family residence, I propose to take Exhibit R-11 at face value and hold that the consideration was a nominal $2.00 or natural love and affection. 8 In my opinion, the Appellant did not grant, convey or transfer to her husband on or about April 30, 1990 any consideration to which I can attach any value for the purpose of concluding that he received value for the transfer of his one-half interest in the family residence. Accordingly, I hold that his transfer of his one-half interest in 117 Thornridge Drive on April 30, 1990 was a transfer without monetary consideration. 9 The Appellant argued that because of her turbulent marriage, prior separation, and brief separation in April-May, 1990 when she insisted upon the Marriage Contract (Exhibit R-19) and house transfer (Exhibit R-11), she was at arm's length with her husband in late April 1990 when he transferred his one-half interest in the family home. ...

He said that the provision refers to both a "disposition" and a "payment made for... consideration". ... Paul, Minnesota: West Publishing Co. 1979) saying that "consideration" was defined as follows: The inducement to a contract. ... She said that the dollar value of that consideration was the value of the goodwill of the Business. ...