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Although the value of the benefit which was received, rather than the cost of the benefit to the corporation was relevant test, "in determining the value of benefit, one may take its cost into consideration" (p. 6325). ...

., 99 DTC 5772 (FCA)-- summary under Subsection 97(2) Summary Under Tax Topics- Income Tax Act- Section 97- Subsection 97(2) partnership not transparent re partnership borrowing to pay vendor partner The taxpayer transferred land to a partnership for consideration of $13.5 million which was satisfied by that amount being paid by the partnership, out of new partnership borrowings in excess of that amount, in order to discharge a mortgage owing by the taxpayer prior to the transfer on the transferred land. ...

., in his concurring reasons, found that the vendors were able to deduct $800,000 as an outlay or expense of the disposition (pp. 6413-6414): "In my opinion it is not necessary for a payment to be made without any consideration for there to be a 'débours' or 'outlay'... ...

Olsen, 2002 DTC 6770, 2002 FCA 3-- summary under Subsection 84.1(1) Summary Under Tax Topics- Income Tax Act- Section 84.1- Subsection 84.1(1) reference to s. 186(4) test included related definition The taxpayer transferred shares of a corporation ("Leader") to corporations controlled by the taxpayer's children and spouses in consideration for promissory notes. ...

Remai, 2009 DTC 5188 [at at 6257], 2009 FCA 340-- summary under Paragraph 251(1)(c) Summary Under Tax Topics- Income Tax Act- Section 251- Subsection 251(1)- Paragraph 251(1)(c) providing a favour is consistent with arm's length dealing In order to make promissory notes that he had donated to a charitable foundation cease to be non-qualifying securities, the taxpayer arranged for the Foundation to sell those promissory notes to a corporation ("Sweet") owned as to 90% by his nephew, with Sweet issuing notes with identical terms to the Foundation as consideration for the purchase. ...

It was held (at p. 6268) that "each of the four shareholders was entitled to the $1,000.00 actually paid to him by the company either because the 96 shares issued to the appellant as part of the consideration for the partnership property were held by the appellant on a resulting trust for the members of the partnership in equal shares, or because the agreement between them called for them to have equal equity shareholdings in the company and to share equally in any divisions of the profits of the company". ...

In consideration for the settlement payment, Valley Equipment abandoned its right to continue as a John Deere dealer. ...

The motions judge can also refuse amendment if the moving party has been dilatory, or considerations of fairness or prejudice so warrant (para. 10). ...

In finding that the taxpayer was deriving his remuneration from a contract for services notwithstanding that he worked for various projects at Canadair for a five-year period, the court accepted evidence that "the Appellant in consideration for a higher pay gave up many of the benefits which usually accrue to an employee including job security" (p. 6871- per Noël J.A.) and stated (p. 6870- per Décary J.A.): "When the hiring person wants to have no liability towards a worker other than the price of work and when the terms of the contract and his performance reflect those intentions, the contract should generally be characterized as a contract for services. ...

. … The words of the Act require consideration of a transaction in its entirety and it is not open to the Crown artificially to split off various aspects of it in order to create an avoidance transaction. ...