Search - consideration

The essence of his evidence is that in assessing the appellant, Revenue Canada relied on the financial statements of McCabe & Fynn and gave little, if any, consideration to any statements prepared by the appellant. [31] Mr. ... McCabe and Fynn, two of the three partners, made a decision to write-off only certain debts and the appellant should not “dictate” to the majority partners when bad debts should be written-off. [41] McCabe & Fynn did not, in my view, give much thought or consideration to whether a debt was good, doubtful or bad. ...

The appellant testified that after the public issue collapsed, he gave all his shares in CSP Canada to McDonald in consideration for the extinguishment of his debt of $75,000. ... Rafuse did not have the money to pay him back so he offered the appellant a controlling shareholder interest in his company, Brandon International Marketing Ltd., in consideration of which the appellant accepted to guarantee a bank loan of $75,000 for Brandon. ...

If an individual who is an appellant has a history of trading in real estate or if the appellant is a corporation that is controlled by such a person, this is a relevant consideration which points away from the purchase in issue being made with the primary intention of securing an income-producing asset: Vaughan Construction Company Ltd. v. ... M.N.R. case (supra): the evidence of an interested party is not necessarily determinative of a stated intention, but the intention must be ascertained from the entire course of conduct and relevant circumstances; an individual who has a history in trading in real estate and controls a corporation dealing in real estate is relevant consideration in determining the primary intention. ...

While the issue is not before the Court inthepres- ent proceedings it was also conceded that plaintiff’s wife Mrs Bernard Feinstein had also paid personal income taxes on the basis of her drawings from the company which would also have to be taken into consideration if all the income of the company were to be attributable to him. ... The company then hires the artiste out to whomsoever requires his services and itself obtains the consideration for them.... ...

Although I might have been prepared to accommodate this request, provided I could have done so without prejudicing the Respondent, I refused to do so because the Appellants were made aware of their right to call expert witnesses prior to the commencement of the hearing of their appeals and after consideration they chose not to do so. ... Third, the definition of FMV speaks of informed buyers and sellers whom, I must assume, would take into consideration a large supply overhang when hammering out a fair and reasonable price. ...

Interest was defined: In general terms, the return or consideration or compensation for the use or retention by one person of a sum of money, belonging to, in a colloquial sense, or owed to, another. ... Whether or not this contention could be maintained successfully, in the absence of legislation by the Parliament of Canada in the same field, it is unnecessary for me to consider, since I have reached the conclusion that the provisions of the Act under consideration come into conflict directly with the provisions of s. 2 of the Interest Act, R.S.C. 1952, c. 156, which provides as follows: 2. ...

The value of the assets seized is, in my view, irrelevant and not a proper subject for consideration at this stage of the proceedings. ... This would be a serious objection and I believe such an objection should be referred to the Court for consideration. ...

You or Nicole do not take my input at the meetings into consideration. ... Rather, the Act contains both objective elements-embodied in the reasonable person language-and subjective elements-inherent in individual considerations like "skill" and the idea of "comparable circumstances". ...

Both experts agreed that the functional and locational obsolescence were not relevant factors in their consideration of their respective appraisals. ... The Queen, [1983] C.T.C. 121 at 131; 83 D.T.C. 5148 at 5151: While it has frequently been held that a Court should not, after considering all the expert and other evidence merely adopt a figure somewhere between the figure sought by the contending parties, it has also been held that the Court may, when it does not find the evidence of any expert completely satisfying or conclusive, nor any comparable especially apt, form its own opinion of valuation, provided this is always based on the careful consideration of all the conflicting evidence. ...

It is true that in all three cases the effect of the British Money-lenders Act, 1900 was under consideration, but in each of them the court concerned had, in addition, to deal with the subject of money-lending generally. [38]          In the appeal at bar, the appellant typically lent money for terms of three years or shorter. ... Apart from these provisions, I know of no special considerations to be taken into account from a legal point of view in deciding whether an activity or situation constitutes the carrying on of a business for the purposes of Part I of the Income Tax Act. ...