Search - consideration

[6] The position of counsel for the Respondent is that the Appellant received the amount of C$104,123 as a signing bonus, that is as consideration or partial consideration for entering into a contract of service or an agreement to perform a service in Canada, and so that amount is to be included in income pursuant to subparagraph 115(1) (a) (v) of the Act. ... However, the payment of $250,000 was made for personal service only and that conclusion really disposes of the matter as it is impossible to divide the consideration. ... It was, in my opinion, a payment made in consideration of his playing for the Winnipeg Jets, or a team designated by them, in the forthcoming three years. ...

The evidence is by no means clear as to the true nature of the consideration for the making of these payments by Leaseholds. ... When, however, the Imperial Oil Company had exercised its option and paid the consideration, a further agreement was made between the appellant and Leaseholds dated December 30, 1950, described as an "Agreement of Settlement and Adjustments". ... The settlement agreement, however, says that the moneys were paid as the consideration for reducing the royalty payable by Leaseholds. ...

Item 2.4 reads as follows: [translation] 2.4               When Genex purchased all of Showbizz’s shares, in consideration of Genex paying $1 and assuming all of Showbizz’s debts, it was agreed that Showbizz’s shareholders would waive the repayment of their advances; [Emphasis added] (See Appeal Book, Vol. 1, at page 26) ... Demers to testify, with the result that there is no evidence that the undertaking to assume the Corporation’s debt had resulted in any payments that could have been accounted for as consideration for the shareholders’ waiver of their advances ... Writing on behalf of the Court, Justice Noël found at paragraph 8 of the reasons that it “would be inappropriate to allow this matter to be decided without consideration being given to this definition”. ...

We do not take into consideration the results of court cases, nor do we compare the situation of this corporation to the situation of other corporations, as each review is solely based on the corporation. ... In Forbes’ view, the Minister’s decision does not provide a clear and supportable justification to deny its re-appropriation request given what Forbes regards as a large sum of money under consideration. ... While the decision letter stated that CRA does not take into consideration the results of court cases, this does not mean, as Forbes suggests, that the Minister never considers case law. ...

Although the Officer assessed each of the relevant considerations raised by Ms. ... The weight attached to the relevant H&C considerations or factors will not be disturbed by the Court. ... Upon consideration of the submissions, the Court will make an Order limited to the issue of costs. ...

The position of the appellant is that the assessment should be set aside because notwithstanding the transfer of land the real consideration proceeded from the Separation Agreement and that this consideration was for the full market value of the said one-half section of land. ... In addition, further consideration resulted from the requirement in the Separation Agreement that the land transferred to the appellant be made subject to a mortgage in the amount of $50,000 in favour of her mother. ... Secondly, counsel submitted that the answer to the respondent's submissions is to be found in a consideration of the nature of Olga Bodnarchuk's rights in the property and particularly her rights thereto under the Matrimonial Property Act. ...

The Act now presumes a joint contribution to the accumulation and maintenance of matrimonial assets, entitling each spouse to an equal distribution subject to certain specified exceptions, exemptions and equitable considerations, Ibid., p. 7. ... When distributing the matrimonial home the relevant facts and circumstances that the court may take into consideration are limited to the custody of the children and what the legislature refers to as “any extraordinary circumstance". ... In Shorter Oxford English Dictionary "Gift" is defined as: "A transfer of property in a thing, voluntarily and without any valuable consideration.” ...

NOW THEREFORE this indenture witnesseth that in consideration of the mutual covenants herein contained the parties hereto covenant and agree each with the other as follows: 1. ... (Extract of Exhibit A-Q-1); (d) He knew Quadra had not bought the shares; (e) He arranged the entries in the book to try to meet the wording of the agreement: “The vendor has received certain consideration from the company.. ... In fact, even if it is ambiguous, it is not so false to say that “the vendor (Mahar) has received certain consideration from the company in payment for his partial equity” when it is understood that it was to pay Butcher’s debt. ...

The names of the transferees, the parcels transferred, the consideration paid, the dates of conveyance, values as found by the Minister, and values at the time of conveyance as found by Calvin Ross, an expert called by the Appellants, are set out in the table below. ... It was then and not before that the consideration to be paid to Contracting was fixed and the operation of sections 15 and 69 was triggered. ... The consideration paid to Contracting was fixed by Johnson who evidently orchestrated the entire scheme. ...

Motion disposed of upon consideration of written representations Before: The Honourable Justice Gabrielle St-Hilaire Participants:   Counsel for the Appellant: Sara L. ... 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. ... Bearing in mind the pronouncement of the Supreme Court of Canada in Southam quoted above, the Question as posed by the Respondent requires consideration of whether the Appellant satisfies the legal test and consequently, is a mixed question of law and fact. ...