Search - consideration

The final question was whether the realization by the receiver is a “liquidation, assignment or bankruptcy” within the meaning of the provisions under consideration. ... The provision under consideration created “a lien and charge… payable in priority over any other claim or right…”. ... The assessment entitled “Pre March 31, 1977” involves entirely different considerations. ...

Smith’s estate was not expenditure incurred by appellant ‘solely for the purpose of earning... profits or gains’ of its business; that the obligation to make the payments was undertaken by appellant in consideration of its acquisition of the right and opportunity to earn profits, i.e. of the right to conduct the business, and not for the purpose of producing profits in the conduct of the business.” ... It would be a strange result if the question, whether legal expenses incurred in enforcing or preserving a right should be regarded as an outlay on account of capital or on account of income, fell to be determined on a consideration not of the true nature of that right but of the nature of the ill-founded grounds on which it was disputed. ... It is, however, argued on behalf of the appellant that even if it be accepted that such legal expenses are not deductible when they have been incurred to dispute a claim of the tax authorities of the taxpayer’s own country, entirely different considerations apply when the outlay is made in order to determine the taxpayer’s position in relation to a claim by a foreign government. ...

The investment service provider charged the registrant GST on the consideration it paid for their services.        3.    ... A single supply of management services, for a single consideration, is not a “financial service” under the Excise Tax Act.        9.    ... In confirming the assessment, the Minister relied on the following assumptions:           (a)  the supply made by IMs was a single supply for a single consideration;         (b)  the supply was primarily one of providing professional investment advice and funds management;         (c)  a single supply of management services for a single consideration was not a “financial service” under the Act.         ...

A lack of evidence is often a telling consideration in assessing the factual conclusion which should be drawn. ... This interpretation of “matter” accords with Black’s Law of [sic] Dictionary interpretation being “a subject under consideration”. ... The phrase "except for the purposes of that renunciation" contained in subsection 66(12.61) pertains only to renunciation issues, such as whether the corporation is a principal business corporation, whether the  shares were true flow-through shares, or whether proper consideration was paid. ...

The documentary evidence clearly shows that the Class B shares were to be issued as consideration for the acquisition of the subscription receipts by the investors. ... De jure control, as defined under general principles, must be acquired by a person or “group of persons” before the Loss Streaming Restrictions can apply. [83]         The Appellant also invokes a number of policy considerations in favour of its position, namely: (a)     The elimination of tax attributes is inequitable. ... EXAMPLE B: Assume the same facts as in example A except that, instead of transferring their shares of Pubco to Lossco in a share-for-share exchange, the shareholders of Pubco receive shares of Lossco in consideration for the disposition of their shares of Pubco on a triangular amalgamation or merger of Pubco and a wholly owned subsidiary of Lossco. ...

that during the lifetime of Myron Garron the primary consideration in making distributions of income and capital should be the best interests of Myron Garron subject only to his wishes with respect to distributions to other beneficiaries; b.              ... Some specific legal principles for determining residence may come into play in certain circumstances, but none that eliminate the need for full consideration of all of the relevant facts ... As mentioned above, on which side of the line a case falls is a factual question, requiring consideration of the evidence in its totality ...

No exhaustive list has been compiled and perhaps no exhaustive list can be compiled of considerations which are relevant in determining that question, nor can strict rules be laid down as to the relative weight which the various considerations should carry in particular cases. ... In such case, serious consideration has to be given to the intent of the parties; thus that is the task of the trial Judge.   ... Placement Agency Considerations   [91]     In my view, the arguments of the Minister on this point have no merit whatsoever. ...

No exhaustive list has been compiled and perhaps no exhaustive list can be compiled of considerations which are relevant in determining that question, nor can strict rules be laid down as to the relative weight which the various considerations should carry in particular cases. ... In such case, serious consideration has to be given to the intent of the parties; thus that is the task of the trial Judge.   ... Placement Agency Considerations   [91]     In my view, the arguments of the Minister on this point have no merit whatsoever. ...

  [2] In each agreement the consideration is described as “$1.00 and other good and valuable consideration”. It does not seem to me that a person selling shares for $250,000 would describe the consideration as “$1.00 and other good and valuable consideration” in the agreement of purchase and sale which would mean that essentially all of the consideration would be unspecified and only described by a vague reference to other good and valuable consideration. ...

That is imperative as if the two were disjunctive, different considerations might apply. [19]          The Regulation in question is 14(1) of the General Regulations. ... Case Law [75]          It seems to me that in order to arrive at a proper conclusion as to whether there was an "interruption of earnings" over the summer period in this case, consideration has to be given to the meanings properly attributable to a number of different words. [76]          First, the words "interruption of earnings" has to be interpreted within the context of subsection 14.1 of the EI General Regulations. ... Subsection 14.1 is the relevant Regulation, both as to the time and the circumstances relative to the case in question. [77]          Subsection 14.1 says that an interruption of earnings occurs where, following a period of employment with an employer, which there clearly was in this case, an insured person is: (i)             (a)            laid-off; or                 (b)            separated from that employment; and (ii)            there be a period of 7 or more consecutive days during which no work is performed for that employer; and (ii)            there be no earnings from that employment that are payable or allocated to that period (of 7 or more consecutive days). [78]          Thus, consideration must first be given to the meaning of the words "laid-off" and "separated" and whether or not they have the same meaning and if not, how they differ. [79]          Consideration of the word "lay-off" inevitably leads to a consideration of the word "termination of employment" as it is used in the case law. [80]          Then consideration has to be given to the meaning of the word "earnings" and whether or not they are allocated or payable in respect of the 7 or more day period following the lay-off or separation from the employment. [81]          There are many cases to which I have been referred by counsel to assist me with the meaning of these words. ...