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TCC

David G. Miller v. Her Majesty the Queen, [1995] 1 CTC 2683

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. ...
TCC

Sandy Yaholnitsky-Smith v. Minister of National Revenue, [1992] 1 CTC 2461

The amount received cannot reasonably be regarded as consideration or partial consideration for accepting the office or entering into the contract of employment, 2. ... The amount received cannot reasonably be regarded as being in consideration or partial consideration for a covenant with reference to what the employee is, or is not, to do before or after the termination of employment. ... The appellant has not established that the payments of money received by her in the taxation years under appeal cannot reasonably be regarded as having been received by her in consideration or partial consideration of her covenant to attend the institute in Illinois, such covenant, agreement and resulting obligation having been made before, during and immediately after the termination of her employment with Bosco. ...
TCC

Albert J. Alexander v. Minister of National Revenue, [1986] 1 CTC 2365, 86 DTC 1306

In consideration thereof the Appellant received the outstanding shares of Suncoast previously owned by Ken Hutchins; — Rosny did not purchase any shares of Suncoast from the Appellant in 1978 or subsequently, and the loan from Rosny to the Appellant is currently the subject of a law suit between Rosny and the Appellant. ... I would note at this juncture that in both of the assertions above the Minister relied upon the expression “as part consideration for the transfer of shares”. ... AND FOR THE SAID CONSIDERATION the undersigned agrees not to make claim or take proceedings against any other person or corporation who might claim contribution or indemnity under the provisions of any statute or otherwise. ...
TCC

Jacob P. Schellenberg, Ruth Schellenberg v. Minister of National Revenue, [1986] 1 CTC 2608, 86 DTC 1463

Where an amount can reasonably be regarded as being in part the consideration for the disposition of any property of a taxpayer and as being in part consideration for something else, the part of the amount that can reasonably be regarded as being the consideration for such disposition shall be deemed to be proceeds of disposition of that property irrespective of the form or legal effect of the contract or agreement; and the person to whom the property was disposed of shall be deemed to have acquired the property at the same part of that amount. ... The decision of the Supreme Court affirms the applicability of section 68 to the reassessments under consideration. ... Meadow insisted that the intent of the purchaser precluded giving any independent consideration to Lot 11 in attributing a value to it. ...
T Rev B decision

Kocisko-Senecal & Associates LTD and Joseph Kocisko v. Minister of National Revenue, [1981] CTC 2613, 81 DTC 481

Pierre Senecal in accordance with the terms set forth in the agreement was in consideration of the shares transferred to Mr. ... (c) among other considerations set forth in the said agreement, the parties agreed to the following: “C. ... THAT as part of the consideration for the sale of the Vendor’s Stock, the parties hereto have agreed as follows. ...
EC decision

The Alberta Gas Trunk Line Company Limited v. Minister of National Revenue, [1970] CTC 452, 70 DTC 6300

Thé appellant has contended that the consideration for the promise to pay ‘United States dollars (Paragraph 122, Exhibit 1) is the appellant’s borrowing’ such monies in the United States. ... On the contention there would be two considerations, namely, the borrowing in the United States as a consideration for the payment of the United States dollars and the transportation: of gas as the consideration for paying the amount stipulated: in: Paragraph 13.1. ... Wood (1796), 6 Term Rep. 710, and is not a consideration. Equally so the financing in the United States is a condition and not a consideration..The ' The covenant to pay United States dollars for such consideration, namely, the appellant’s borrowing in the United States, would be ultra vires of the Alberta Company and the Westcoast Company. ...
EC decision

Herbert William Purcell v. Minister of National Revenue, [1961] CTC 199, 61 DTC 1126

Fox, for a consideration of $3,487.75, one-half of one per cent of his working interest. ... The relevant paragraphs of the agreement with Davies read: “WITNESSETH IN CONSIDERATION of the mutual covenants and conditions hereinafter mentioned, the parties hereto agree as follows: 1. ... It contains no provision on which to base an apportionment of the $10,000 consideration paid by Davies to other than the price of the escrow shares. ...
FCTD

Teletech Canada, Inc. v. Canada (National Revenue), 2013 DTC 5110 [at at 6090], 2013 FC 572

As a result, the CRA stated that it could not accept TeleTech Canada’s request for competent authority consideration. ... Rather, it refers to the CRA’s “continuing refusal” to accept its application for competent authority consideration and to provide it with relief from double taxation under Article IX of the Treaty ... That is, what TeleTech Canada was seeking was an order compelling the CRA to accept its request for competent authority consideration and submit the case to arbitration ...
EC decision

Hamilton Motor Products (1963) Limited v. Minister of National Revenue, [1967] CTC 338, 67 DTC 5230

Pennycuick said, in effect, that a consideration other than services could only be shown if the consideration, other than services, moving from the employee for the benefit received demonstrably represented full value in money or money’s worth for the benefit in question. ... "n it by means of the procedure set down in the company’s polic. regulations and comply with its conditions; (iii) nor can it be said that the payment received by the appellant was ‘‘in consideration or partial consideration for covenant with reference to what the officer or employee is, or is not, to do before or after the termination of the employment’’. ... That the payment is made for no consideration in the legal sense, should not (as pointed out by Jenkins, L.J. in Jennings v. ...
FCA

Satellite Earth Station Tech. Inc. v. Canada, [1995] 2 CTC 445

We leave open for later consideration, when adequate argument may be available, the larger question whether an order to stay proceedings until the payment of costs is available apart from the requirements of the new section 40 of the Federal Court Act. ...

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