Search - consideration

As part of the consideration of such transfer, Mr. and Mrs. Pineo received from the purchasers of such capital property, a promissory note in the amount of $650,000.00. ... As part of the consideration for the sale of the shares of Pineo Farms in 1979, Mr. and Mrs. ...

The court held that it was rather a release by her of all her claims for allowance and the giving by her of an irrevocable power of attorney to bar her dower in her husband’s lands in exchange for a single consideration — the giving of a mortgage for $45,000. ... Decarie, J, then of this Court, held that the lump sums were not deductible mainly because the consideration for the payment of those lump sums was not the need of the recipient but her waiver of benefits under the marriage contract. ...

The court may intervene and set aside the discretionary decision under review only if that decision was made in bad faith, if its author clearly ignored some relevant facts or took into consideration irrelevant facts or if the decision is contrary to law. ... 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. ...

He falls within the definition of “discounter” found in the Tax Rebate Discounting Act, SC 1977-78, c 25: 2. (1) In this Act, “discounter” means a person who acquires, for a consideration, a right to a refund of tax from a person entitled thereto: The key provision of the legislation is subsection 3(1) which provides 3. (1) Any discounter who acquires a right to a refund of tax from the person entitled to the refund for a consideration that is less than 85% of the refund of tax is guilty of an offence. ...

Counsel argued that because, as I had held, the employees gave consideration for this share distribution by making wage concessions, such consideration must be seen as the payment for the shares. ...

Woods thereupon entered into an agreement with Warbeck which is dated September 1, 1967 and provided: (a) The only three outstanding shares of Midtown held by Warbeck should be assigned to Woods for a consideration of $3. ... It was submitted by counsel for him that he gave consideration therefor by assumption of the debts of the company but these were to be paid from the proceeds of the accounts receivable. ...

:—The plaintiffs appeal the Minister of National Revenue's reassessments of their 1979 and 1980 income tax returns in which the Minister added to their taxable incomes for those years payments received by them from their employer which they claimed were allowances in respect of expenses incurred for their board and lodging at remote locations and therefore exempt from taxation within the meaning of subparagraph 6(6)(a)(ii) which, in the taxation years under consideration, provided as follows: Employment at Special Work Site or Remote Location (6) Notwithstanding subsection (1), in computing the income of a taxpayer for a taxation year from an office or employment, there shall not be included any amount received or enjoyed by him in respect of, in the course of, or by virtue of his office or employment that is the value of, or an allowance (not in excess of a reasonable amount) in respect of expenses incurred by him for, (a) his board and lodging at (ii) a location at which, by virtue of its remoteness from any established community, the taxpayer could not reasonably be expected to establish and maintain a self-contained domestic establishment, in respect of a period while he was required by his duties to be away from his ordinary place of residence, or to be at the location, for a period of not less than 36 hours; or The plaintiffs gave no evidence at the hearing before me but instead their counsel entered as an exhibit the documentation transmitted by the Registrar of the Tax Court of Canada to this Court pursuant to subsection 176(1) of the Income Tax Act. ... The plaintiffs claim that it would not be reasonable to expect them to establish and maintain self-contained domestic establishments at communities near the remaining work sites, not because of the remoteness of the site from the established community, but because (a) their average length of stay being only four to six weeks would make it impractical to rent an apartment; (b) the cost of moving from one apartment to another, being about $1500 for each move, would be excessively onerous; (c) it was a well-known fact that apartment space in the various communities under consideration was difficult if not impossible to secure. ...

I have not overlooked the fact that some time after the purchase, plaintiff gave consideration to how the excess acreage could best be subdivided for sale at profit. This later consideration does not change plaintiff’s position as at the date of purchase. ...

Therefore, the Court must be satisfied that the taxpayer has been heard, and that the Minister took into consideration all of the taxpayer's submissions before reaching a decision (see, for example, Courchesne v. ... The Minister did not act in bad faith, and there was no breach of the principles of fundamental justice or consideration of extraneous or irrelevant factors which would warrant this Court's intervention.       ...

The court may intervene and set aside the discretionary decision under review only if that decision was made in bad faith, if its author clearly ignored some relevant facts or took into consideration irrelevant facts or if the decision is contrary to law. [6]                 Justice Rouleau in Kaiser v. ... The Government of Canada, [1982] 2 S.C.R. 2, as follows: Where the statutory discretion has been exercised in good faith and, where required, in accordance with the principles of natural justice, and where reliance has not been placed upon considerations irrelevant or extraneous to the statutory purpose, the courts should not interfere. [7]                 When she responded to the applicant's request dated February 7, 2000, for a waiver of interest, K. ...