Search - consideration

The satisfaction of that debt was consideration for the funds given to her. [13]         The Respondent took the position that the Appellant gave no consideration for the funds at the time of transfer. ... There was a transfer of property. [33]         The question is whether the Appellant has given evidence to show that she gave adequate consideration for the funds she received from Mr. ... It is my view that the Appellant has failed to establish that she gave adequate or any consideration for the amounts transferred to her. ...

As a result of arrangements made with a prospector to whom he advanced money, he became the owner of claims which he sold to newly incorporated companies, in consideration of the issue of shares some of which were free vendor shares. ... Appleby Securities was not acting as the appellant’s agent when it carried on the sales campaigns” went on to say: Under section 83(3), those who, in consequence of their having provided a prospector with financial assistance, acquired mining properties that they disposed of to a corporation in consideration for shares in the capital stock of the corporation, are given the privilege of excluding from their income the consideration that they receive for these shares. ...

The only issue in this case is whether those additional benefits "... may reasonably be considered to be... a repayment or return by the corporation... of all or part of the consideration for which the share was issued... ... On the other hand, given the nature of the statutory language under consideration in this case, the task of assigning the appropriate weight to each of the relevant factors in a given matrix of facts is more in the nature of fact-finding. ... The definition of "prescribed shares" does not include every benefit offered to the investor, but only those that may "reasonably be considered" to be a return of part of the consideration provided for the shares. ...

., c.   1 (Act) and that this transfer was made without consideration. ... The declaration of a dividend either creates a debt to the shareholder — in which case the payment of the debt and the release given by the shareholder are consideration, or the dividend is paid in consideration of a corresponding reduction in the value of the shares held by the shareholder — or it represents an income paid in consideration of the capital supplied by the shareholder for use by the corporation.   ... Hence, such a transfer must be made for consideration corresponding to the fair market value of the transferred property.   ...

Overview [1]   Ahmed Alhaj Abdullah, a Syrian citizen who has been found inadmissible to Canada for having misrepresented himself as a citizen of the Dominican Republic, applied for permanent residence based on humanitarian and compassionate [H&C] considerations. ... That conclusion affected the officer’s assessment of H&C considerations, notably the fear of discrimination and personal ties outside Canada. [3]   On this issue, I agree with Mr. ... Further, the officer’s overall conclusion on H&C factors was expressly based on a return to Saudi Arabia rather than to Syria. [32]   In this regard, while the officer recognized that there is an ADR in place with respect to Syria, he gave no consideration to how that impacted his consideration, other than to note that Mr. ...

They also appear to have the economic means and certain social grounds to be at least considered for H&C considerations. ... The evidence on file does bear certain weight which needs explanations: thus, is there enough in the H&C considerations to grant the Applicants their request? ... Ayeni without adequately providing an explanation. [33]   Finally, the Officer has not given proper consideration to a letter by the Ogute Community which invites the Principal Applicant to a spiritual cleansing because of the fact that he was caught having sex with another man. ...

The only issue before this Court is the fourth requirement outlined in Livingston – whether the Corporation received full consideration for the amount transferred to Ms. ... They are: 1)   There must be a transfer of property; 2)   The transferor and transferee are not dealing at arms length; 3)   There must be no consideration or inadequate consideration flowing from the transferee to the transferor; and 4)   The transferor must be liable to pay an amount under the  Act  in or in respect of the year the property was transferred or any preceding year. [20]  These same four requirements are set out, albeit in different order and words, by the Federal Court of Appeal in  Livingston. … [23]  With respect to the third requirement for consideration, it is the taxpayer’s position that if there was a transfer of property, sufficient consideration was given by the mother when she promptly did as asked in giving him the cash and in paying off his loan from her. [24]  As stated, the Crown relies heavily on the Federal Court of Appeal’s decision in  Livingston. ... Davies without anything equivalent to the property transferred that could be collected by the CRA, and thus there couldn't possibly be consideration. ...

Rather, the possibility of that answer should be factored into the Court's consideration of whether or not to exercise its discretion to grant an order under Rule 58. ... In this respect, it is worth recalling two further considerations. i) The tax is computed, in the case of the Applicant, on a quarterly basis and one must therefore make the determinations in each quarter. ... Such under considerations can take account of Subrule 4(1). [39] Such a wider consideration is that the proposed determination would require that, in effect, the bulk of the trial be held. ...

There he explained how, in his view, these terms must be understood: Consideration of Acquisition of an Interest Paragraph 12(l)(x) moreover will not apply to sums that could reasonably be considered as the consideration of the acquisition of an interest in a business, a property or a taxpayer. Parliament thus wanted to take into account business practices in which a taxpayer is offered a benefit which could prove to be taxable under paragraph 12(1)(x) in overall consideration of an interest in the form of subscription of shares or an option to purchase shares or some other consideration. ... An inducement payment is always granted in consideration of an obligation on the recipient’s part. ...

On that date, Miller received a transfer of the marina from Sicamous in consideration of payment by him of the sum of $200,000. He then transferred the marina to Go Vacations for consideration received in the sum of U.S. $194,000 (Cdn. $255,362.20). ... At such time you shall have your client countersign the cheque in favour of Go Vacations Inc. and deliver same to me in full consideration for the Investment. ...