Search - consideration

Additionally, a mutually satisfactory payment arrangement has not been concluded on the above noted tax accounts and this is a requirement for consideration of Fairness under financial hardship. ... In such a case, consideration may be given to waiving interest in all or in part for the period from when payments        commence until the amounts owing are paid provided the agreed payments are made on time. 7. ... A discretionary power of this nature must be exercised in good faith, in accordance with the principles of natural justice, taking into account all relevant considerations and without regard to irrelevant or extraneous ones. ...

First, there has been no consideration given to the applicant's inability to pay the amounts in question. ... Finally, there is no indication that the department took into account any of the considerations outlined in paragraph 10 of its own guidelines. Specifically, no consideration was given to the fact that Mrs. Bilida has a history of compliance with her tax obligations. ...

Generally, I did not find anything in the record indicating a special agreement between the parties concerning liability for costs, including any specific consideration in favour of Mr. ...   [12]            The Notice of Discontinuance dated November 13, 2009 in the Tax Court of Canada did not contain language binding on costs considerations in the Federal Court of Appeal. ... As well, I find that, further to the materials available to me, special consideration of the Appellant’s costs relative to his representative status was not an issue below for the trial judge or in the appeal here ...

The Law [15]   The provision of the ETA that are relevant for the purpose of this appeal are the following: General rule 168 (1) Tax under this Division in respect of a taxable supply is payable by the recipient on the earlier of the day the consideration for the supply is paid and the day the consideration for the supply becomes due. Partial consideration (2) Notwithstanding subsection (1), where consideration for a taxable supply is paid or becomes due on more than one day (a) tax under this Division in respect of the supply is payable on each day that is the earlier of the day a part of the consideration is paid and the day that part becomes due; and (b) the tax that is payable on each such day shall be calculated on the value of the part of the consideration that is paid or becomes due, as the case may be, on that day. … (5) Sale of real property- Notwithstanding subsections (1) and (2), tax under this Division in respect of a taxable supply of real property by way of sale is payable (a) in the case of a supply of a residential condominium unit where possession of the unit is transferred, after 1990 and before the condominium complex in which the unit is situated is registered as a condominium, to the recipient under the agreement for the supply, on the earlier of the day ownership of the unit is transferred to the recipient and the day that is sixty days after the day the condominium complex is registered as a condominium; and (b) in any other case, on the earlier of the day ownership of the property is transferred to the recipient and the day possession of the property is transferred to the recipient under the agreement for the supply. ...

Mastronardi as joint tenants to the appellant for no consideration when he was liable to pay an amount of $13,271.80 under the Act in respect of his 1986 taxation year. ... Mastronardi transferred his interest in the family home to the appellant for nominal consideration, that is, natural love and affection. ... The appellant appears to have abandoned her alternate argument that site received consideration for signing the promissory note. ...

McKay testified he did not consider the option agreement to be an important consideration in deciding to accept the position with S & C even though only senior employees of S & C were eligible to participate in the plan. ... In this respect, I will note that in that case consideration appears to have been given only to the question whether the damages for wrongful dismissal were income "from an office or employment" within the meaning of sections 5 and 25 of the Income Tax Act (RSC 1952). No consideration appears to have been given to the broader question whether they might not be income from an unspecified source under the general provision of section 3. ...

The consideration paid was $2 cash with the balance being secured by way of a mortgage back to the vendor. ... Taking all of the evidence into consideration I cannot accept the submission that Mary Caplan held the property as a trustee. ... With respect to the purchase price the president of Edgedale, Harry Caplan, swore an affidavit of value of the consideration which reads in part: 2. ...

A comment of Cattanach, J. at 37 (D.T.C. 5034) warrants consideration: Further maintenance is payable for the support of the wife and as such is not assignable by her and neither do such payments, from their very nature, bear interest. The payments here under consideration are both assignable and interest bearing under the terms of the second mortgage. ... In consideration Of this payment Armstrong was released by the wife “from any further liability” under the said judgment. ...

One consideration may point so clearly that it dominates other and vaguer indications in the contrary direction. ... This, to me, is a consideration, “one consideration”, which, in the words of Lord Pearce (quoted above), “dominates other and vaguer indications in the contrary direction.” It dominates the consideration that lots are purchased annually in anticipation of the lowering of the level of the ore deposit. ...

In this respect, I will note that in that case consideration appears to have been given only to the question whether the damages for wrongful dismissal were income ‘from an office or employment’ within the meaning of ss 5 and 25 of the Income Tax Act (RSC 1952). No consideration appears to have been given to the broader question whether they might not be income from an unspecified source under the general provision of section 3. ... An amount received by one person from another (a) during a period while the payee was an officer of, or in the employment of, the payer, or (b) on account or in lieu of payment of, or in satisfaction of, an obligation arising out of an agreement made by the payer with the payee immediately prior to, during or immediately after a period that the payee was an officer of, or in the employment of, the payer, shall be deemed, for the purposes of section 5, to be remuneration for the payee’s services rendered as an officer or during the period of employment, unless it is established that, irrespective of when the agreement, if any, under which the amount was received was made or the form or legal effect thereof, it cannot reasonably be regarded as having been received (c) as consideration or partial consideration for accepting the office or entering into the contract of employment, (d) as remuneration or partial remuneration for services as an officer or under the contract of employment, or (e) in consideration or partial consideration for a covenant with reference to what the officer or employee is, or is not, to do before or after the termination of employment. ...