Search - consideration

  [53]          Norex had agreed to pay Teck/Corona the Quarter Claim Royalty in consideration of the grant of the option with regard to the Quarter Claim. ...  -     The mining company would acquire all of an owner's interest in a mine in consideration of the mining company's agreement to carry out the exploration and development work for the mine, and pay the owner a net profit royalty. ... He argued that the Court should take mining practices into consideration, as the Windarra Loan was part of an overall strategy by Hemlo Gold to increase its mining income ...

Presumably, the classification of these expenses in terms of subparagraph (iii) and subparagraph (iii.1) of the Act, for all years that may be under consideration, will turn upon assessment of the same factors as are raised in this action in regard to reassessment of tax for the 1979 taxation year. ... Entirely different safety considerations applied to the underground mine from those applicable in surface mining operations, including, for the underground, dealing with the dangers from methane gas, possibilities of spontaneous combustion and rockfalls, and these in turn dictated entirely support services and facilities. 7. ... Initially, the work was slowed by budget considerations arising from financing changes for one of the joint venture partners and soon thereafter, early in 1983, as a result of falling market prices for coal. ...

Value does not include any fees or taxes, nor does it take into consideration any future events. ... The cost approach or the replacement cost (comparable) was also taken into consideration. ... The fair market value did not include fees or taxes, nor did it take into consideration any future events. ...

After giving the matter some consideration, we decided it would be preferable not to give judgment on the motion until full argument had been heard on the merits of the appeal. ... On a further consideration of Hunter v. Southam three other points arise. ... In effect, after an initial decision on the merits, he issued the warrant and adjourned the matter for further consideration. ...

It is then in my opinion fundamentally incorrect to suggest, as one of the Bound Appellants did in its submissions, that as a matter of contract law an agreement to be bound under such rule is not enforceable on the basis a party so agreeing receives no consideration for doing so. Ironically, such Bound Appellant seems to agree the consideration received by the Respondent would be the savings in time, effort and costs of litigating multiple cases yet ignores the like benefit received by those appellants who agree to be bound. In any event, such Bound Appellant also mischaracterizes the nature of the Agreement to be Bound as a bilateral agreement requiring consideration in which the parties negotiate an outcome. ...

Details regarding each part of the Decontracting Plan and related considerations are set out below. ... One consideration may point so clearly that it dominates other and vaguer indications in the contrary direction. ... But the magnitude of a transaction is not an entirely irrelevant consideration. ...

However, this approach has the advantage that it preserves the ability to deal appropriately with future cases which present considerations not previously apparent.   ... In the context of the exemption from taxation in the Indian Act, there are three important considerations: the purpose of the exemption; the character of the property in question; and the incidence of taxation upon that property. ... These arguments and submissions are novel and deserve consideration but this consideration must rest with Parliamentarians who enacted section 87 and who are in a position to consider amendments to it ...

A consideration of these three criteria in this case leads to the conclusion that the impounding orders should be maintained.                      ... These considerations alone are sufficient to meet the public interest criterion.  ... Obviously, the public interest is a very important consideration in determining whether an interlocutory impounding order should be set aside.  ...

  [38]            In the circumstances under consideration, the Court Order deemed the Company to have continued in existence “as if its name had never been struck off”. ... This is in marked contrast to the corresponding provisions of the Former BCCA, as interpreted in Natural Nectar, and the BCCA that are under consideration in this appeal. ... Therefore any consideration of the Minister’s delay or suggestion that the Minister slept on its rights is inappropriate to these proceedings.   ...

If Mahalingan is properly interpreted, it represents the latest consideration by the SCC on issue estoppel as a single doctrine. ... Issue symmetry and not mutuality (the usual and sole distinction between issue estoppel and abuse of process) is the criteria under consideration on this voir dire motion. ... The same reasoning applies to the Court's consideration of Samaroo #2. ...