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This is done with due consideration to the “purpose of the exemption, the type of property and the nature of the taxation of the property.” ... It warned that the “commercial mainstream” consideration “must be applied with care” in light of the purposes of section 87, lest it significantly undermine the exemption”: Bastien, at paragraph 52. ...   [57]            How these considerations weigh into the overall analysis will be for the Tax Court to determine when it redetermines the matter ...

The essential consideration in my view is that the requirement to produce is not so intrusive as a search or seizure, that it in no sense resembles a search and cannot be tantamount to a seizure because the person subject to it has a right to take action to circumvent the required production. ... The rationale for this was that what is reasonable "depends upon consideration of what is sought, from whom, for what purpose, by whom, and in what circumstances": see (D.L.R.) page 307. ... It is with these considerations in mind that I examine the reasonableness of subsection 231(3) of the Income Tax Act. ...

In loaning 10 million dollars from Companies to Paper so that Paper could loan 10 million dollars to Miramichi to enable Miramichi to pay the purchase price he was influenced by his consideration to have Paper as the lender by the fact that Boise Cascade, the guarantor, was an United States company resident there and that Paper although incorporated in New Brunswick, conducted its business entirely in the United States and was considered by those who dealt with it as an United States company as well. ... Different considerations might prevail with respect to paragraph 17. What is admitted is that the transaction was treated and later recorded in the books of both companies as a loan. ... The scope of the subsection is not obscure for one does not speak of benefiting a person in the sense of the subsection by making a business contract with him for adequate consideration. ...

]   [13]         It is clear from the two clauses that the parties intended that the Appellant pay cash of $20,000,000 for the first 50 common shares it purchased from 2103665 and issue promissory notes for $20,000,000 (the “Promissory Notes”) as consideration for the remaining 50 common shares ... For example, the recitals to the first agreement note that 2103665 held 100 common shares of the Appellant prior to selling 10 of the common shares to the Appellant for $4,000,000 cash. [9] Similarly, the recitals to the second agreement note that 2103665 held 90 common shares before selling 10 additional common shares to the Appellant for $4,000,000 cash, [10] and the recitals to the sixth agreement note that the Appellant held 50 common shares before selling 10 additional common shares to the Appellant in consideration of a $4,000,000 promissory note ...   [16]         The unconsolidated financial statements of the Appellant state that it had the following stated capital and retained earnings/deficit on December 31 of the noted years. [11]     2005 2006 Stated capital               600 Class A shares $600 $600           200 common shares (100 in 2006) $200 $100 Retained earnings (deficit) $6,388,552 $(32,660,014)   [17]         Since the Appellant paid $20,000,000 cash for the first 50 of the Subject Shares it purchased for cancellation, it had a deficit at the time it issued the Promissory Notes as consideration for the remaining 50 Subject Shares ...

The Appellant Chartier disposed of his shares in consideration of $319,000, plus accrued unpaid dividends.   13.       ... Based on the inconsistency generated by that mistake, the Agency, using a very restrictive interpretation, submits that the assessments must be rooted in the literal version of the text and that the mistake should simply not be taken into consideration.  ...   [45]     The Appellants add that the following paragraph from the Purchase and Sale Agreement clearly shows that the parties always intended to sell all the CFCDN shares to SCI  Canada:   WHEREAS the parties desire to provide for the sale and transfer to SCIC of all of the issued and outstanding shares of the share capital of the Company owned by the Vendor, the whole in exchange for cash and other good and valuable consideration, and upon the terms and subject to the conditions herein set forth; and   [46]     The exception in paragraph 110.6(14)(b) of the ITA does not instruct us to gauge the parties' intent, but solely to determine whether the option is under the purchase and sale agreement ...

In addition, letters urging favourable consideration were received from a number of leading residents of Toronto, their authors expressing the view that the applicant's activities are "educational" in nature and therefore charitable. The statement of activities merits careful consideration. It describes in somewhat greater detail what the appellant regards as activities entitling it to recognition as a “charitable organization” under the Act. ... Conversely, the statute does not expressly bar consideration of an organization's purposes as spelled out in its constituting document, for that document must obviously represent not only a guide or blueprint for its future actions but also a definition of its essential nature or character. ...

As consideration for the assumption of this debt by Polar Oils Ltd. the appellant and/or Joe Everett agreed inter alia, as follows: (a) For a period of five years from the date of the agreement, the appellant agreed to utilize and sell only gasoline, diesel, and oil and other fuel products supplied by Polar Oils Ltd. and not to purchase any products from any other suppliers; (b) For a period of five years from the date of the agreement the appellant agreed to seek assistance from Polar Oils Ltd. in the management of its business and in consequence thereof, was to provide Polar Oils Ltd. with monthly statement showing the level of sales and expenses associated with the operation of the service station business of the appellant; (c) For a period of five years from the date of the agreement Polar Oils Ltd. was granted a right of first refusal to match any bona fide offer made to the appellant for the sale of the property and/or business. 11. ... The note read as follows: IN CONSIDERATION of Mel’s Truck Stop Ltd. agreeing to sell to the undersigned the business and assets of Mel's Truck Stop Ltd. at Beauval, Saskatchewan and as an inducement to Mel's Truck Stop Ltd. to accept the Offer to Purchase the said business and assets dated May 16, 1986. ... In consideration of the latter's guaranteeing the payment to Mel's Truck Stop Ltd. of the sum of $150,000 on behalf of the purchaser, the parties agreed as follows: (a) The guarantor agrees to provide all oil, gas and diesel products required by the purchaser for sale at the purchaser's gas and service station in Beauval, Saskatchewan for a period of five years, commencing on July 1, 1986. ...

Defendant also relies on the case of Oxford Shopping Centres Ltd v The Queen, [1980] CTC 7; 79 DTC 5458, dealing with an agreement with a municipality whereby it would approve roadways to ease traffic congestion and provide better access to the taxpayer’s shopping centre, in consideration of which the taxpayer would pay a substantial sum to the municipality in lieu of local improvement rates and taxes which would otherwise have been payable as a result of the improvements. ... At page 11 it states: While recognizing that consideration of income tax can rarely be divorced from day-to- day management decisions within the industry, the study group considers it to be of more importance for present purposes to examine the underlying purpose and function of accountancy in the industry. ... It must be answered having regard to the facts of the particular case and the weight which must be given to a particular circumstance must depend upon practical considerations. ...

Justice Martin, on June 19,1989, adjourned sine die the applicant's motion to strike the original writ of fieri facias pending the final disposition of the motion of December 22, 1988, the matter now under consideration. ... Its place of business had been moved a number of times, the scale of its activities had been reduced, the relationship between the two principal players in the company was undergoing change, and some consideration was being given to alternative activities within the company's objects. ... He professes that consideration was being given to other activities to be undertaken within the company’s objects, in particular the production of documentary films for which use of the aircraft now held by the sheriff was crucial, and he points as well to grants available to the company to promote sales abroad, grants apparently available only to meet travel expenses if a representative of the company could travel within the terms of these grants. ...

The Queen, [1984] 1 S.C.R. 536. [43]            Cattanach J. based his conclusion on the following considerations. ... This hypothetical question arises from the words between paragraphs (b) and (c) of the definition of "personal services business", in what legislative drafters have been known to call the "mid-amble" (refer to the underlined portion of the definition, quoted above). [50]            This case requires consideration of Wiebe Door Services Ltd. v. ... It is my view, based on the considerations discussed above, that it would not be reasonable to conclude that, but for the existence of Dynamic, Mr. ...