Search - consideration

As indicated in the attached schedule the total purchase consideration given for the Giguére Automobile shares was not allocated to the vendors in the same proportions as their respective shareholdings, Robert and the estate receiving more than their pro-rata share and the others less. ... It is clear to see, therefore, that these sales (for a consideration which can be easily converted into cash and thereby lead to a disappearance of assets) have placed the former shareholders in the position where they can withdraw from the companies amounts in excess of these undistributed incomes without incurring the tax thereon for which they would otherwise have become liable if these amounts had been paid to them by way of ordinary distributions of income. ... It is our view that these sales to the pension plan are part of a series of transactions that began with the sale of Location Laurentienne and Giguére Automobile shares and will end with the consideration received therefor being turned into cash. ...

These indispensable preliminaries over. with, we reach the crux of the problem, Marine’s monetary woes, and, after due consideration by its owners and advice obtained from several auditors, the remedy hopefully devised to cure them, as, indeed, it did. ... The gist of this memorandum (Exhibit 16) appears below; though fairly repetitive it sums up the line of action arrived at definitely: The steps which are involved in the plan presently under consideration are: 1. ... Later. on, some consideration will be given to. ascertain whether the explanation above savours more of wishful thinking than of statutory compliance. ...

It was the price paid or consideration given for the extensive and important rights and concessions granted to the appellant by Manitoba under the Agreement of December 3, 1956. ... After careful consideration, I am of the opinion that both matters are questions of fact in this case, to be determined on the evidence. ... This consideration alone would, I think, dispose of any suggestion that the word “development” should be understood in any restricted sense but there is a further contrary intention to be found in the section. ...

This leads to consideration of what is meant by profit for the year. In M.N.R. v. ... This leads to consideration, firstly, whether such interest is part of the cost of the assets acquired by the taxpayer with borrowed capital and, secondly, whether it is part of a capital cost within Section 11(1) (a). ... In considering the accounts of a company the only principle by which the Court can be guided—of course unless there are some express words, express provisions, or express stipulations on the subject—is the consideration what a commercial man, acting fairly and honestly in the conduct of his business, would consider the proper thing to do. ...

He submits that the profits derived from the sales of the shares and units of Trans-Canada Pipe Lines Ltd. and Quebec Natural Gas Corporation are profits derived from a venture in the nature of trade within the meaning of Section 139(1) (e) of the Income Tax Act and taxable under the provisions of Sections 3 and 4 of the said Act. ’ ’ The appellant, as already mentioned, on the other hand, submitted that the gains realized were realizations of an enhancement in the value of its investments and consideration must now be given to its evidence in this regard. ... Investments Ltd. to the appellant; (4) the shares were sold to the appellant at cost which was below their true value at the time and, finally, according to counsel for the respondent, the above facts as well as a proper consideration of where the shares came from, why they were acquired and why they were transferred at cost would appear to indicate almost a deliberate plan to divest N.T. ... Looking at these transactions in the light of the above circumstances, as urged by the respondent, and after giving consideration to the nature and origin of the securities involved, why they were sold and the price paid for them and even assuming, as suggested by the respondent, that the above would almost indicate a deliberate plan to divest N.T. ...

Both in the Court of Appeal, [1944] 1 All E.R. 548 and in the House of Lords it was held that the directors had a controlling interest within the meaning of the statutory provision under consideration. ... It is for this reason that, while respectfully concurring in every other line of the judgment of Lord Greene, M.R., I would reserve further consideration of that part of it which deals with the case of the so-called bare trustee. ... The views of Denning, L.J. on this point differed from those of the majority but the views of the latter are in my opinion inapplicable in the present situation since under the English statute there under consideration the question was posed from the point of view of the taxpayer company. ...

(b) if consideration of the complaint was suspended under subsection 241.1(1) and if, in the Board’s opinion, the measures specified in the notice under subsection 241.1(2) were not taken within the specified period. ... À mon avis, l’Arbitre a étayé de manière détaillée les motifs pour lesquels il n’a pas retenu la version de M me Dahlander en soupesant sa version des faits à celle de Mᵉ Marion: [134] La Plaignante prétend que l’offre de l’Employeur lui était soumise uniquement pour étude et considération. Elle a, après trois (3) jours de réflexion, décidé de refuser l’offre et en a informé Me Marion par courriel. [135] Cet argument ne peut être retenu. [136] En effet, pour retenir cette prétention, le Tribunal doit écarter les témoignages crédibles de Me Pedneault et de Me Marion, à l’effet qu’il y a eu un échange de consentement suite aux discussions entre les parties par l’entremise de leurs avocats. [137] Si l’offre de règlement de l’Employeur n’était que pour considération après une période de réflexion, l’avocat de la Plaignante n’aurait certes pas informé le Tribunal qu’une entente de principe était intervenue entre les parties. [138] La Plaignante soutient que Me Marion lui aurait dit qu’elle avait l’obligation de considérer l’offre, alors que Me Marion témoigne avoir dit à sa cliente qu’il avait l’obligation déontologique de transmettre toute offre de règlement de la partie adverse. [139] La Plaignante prétend qu’en tout temps elle a refusé l’offre de règlement proposée et l’avoir dit à Me Marion. [140] Le Tribunal ne peut retenir cette version. ...

It is agreed that sec. 24 is the applicable provision, but it can be seen at once that the first consideration raised is that of the meaning of certain words and expressions used both in that and the other provisions. ... Before turning to a consideration of authorities it is essential first to consider the particular legislation which is here in question. ... The language used in the English judgments must of course be understood with reference to the cases then under consideration.” ...

I agree that the circumstances of this case do not warrant applying a percentage outside the 25–50% range, before consideration of Rule 420. [10] As Tekna notes, within this range, different cases have adopted different approaches to assessing the appropriate percentage. ... Given these considerations, I conclude that one-third, rounded for simplicity to 33%, is a reasonable and appropriate starting point for the assessment of costs. ... I agree with Tekna that although these are not Rule 420 offers, they deserve some positive consideration under Rule 400(3)(e): Pharmascience Inc v Teva Canada Innovation, 2022 FCA 207 at paras 18, 20; Sanofi-Aventis Canada Inc v Novopharm Limited, 2009 FC 1139 at para 20, aff’d 2012 FCA 265; Allergan at para 58. [25] Parties’ conduct – Rule 400(3)(i): As noted in my reasons for judgment in this matter, the parties co-operated admirably in bringing this matter to trial on a reasonably streamlined basis, focused on the merits. ...

This amount represented a 74.5% interest in the S & P Index for consideration of $4,464,000.00 (cash) and $10,416,000.00 (the Partnership's Acquisition Note which had been assumed by the partners on a pro rata basis). r.        ... This is a critical consideration that exists beyond the terms of the Note. [28]     The terms of the Note, including the dates of maturity, the amount of the offering, the amending documents and what those amending documents purported to do, were confusing. ... As such, it becomes obvious that the power to reassess under subsection 143.2(15) cannot be defined by considerations revolving around the timing and availability of particular facts and information to the Minister. ...