Search - consideration

The Northwest Hydraulic Considerations [12]         In Northwest Hydraulic, Justice Bowman (as he then was) set out the approach to be taken in assessing a taxpayer’s activities against the statutory definition of SR&ED that involves five considerations in paragraph 16 of his reasons. ... Question 3 of Northwest Hydraulic requires consideration of testing as an included step in the scientific method. Question 5 requires consideration of whether records of the testing of the hypotheses and those results were maintained as the work progressed. [51]         As stated above, not all aspects of all five of the Northwest Hydraulic considerations are determinative. ...

Issues [23]         The first issue is whether the amount paid by the City of Québec to Université Laval constitutes consideration for a supply. [24]         In the alternative, if the Court were to conclude that the subsidy was provided for consideration, the issue is then to determine whether the entire subsidy was provided for consideration. [25]         Also, in the alternative, if the Court were to conclude that the subsidy was provided for consideration, it will have to answer the following question: is this an exempt supply? Consideration for a supply [26]         First, the Court must determine whether the subsidy paid by the City of Québec to Laval University constitutes consideration for a supply. [27]         According to the ETA’s definition of consideration, a subsidy can constitute consideration if it is directly related to the supply provided. ... Normally, when a supplier contracts to provide a supply, the cost or consideration for that supply appears in the contract. ...

there must have been no consideration or inadequate consideration given by the transferee to the transferor; and   4.        ... I also take note of the fact that the transfer of March 22, 2004 has a Land Transfer Tax Affidavit showing the transfer for nil consideration. ... Loan Consideration [30]         The Appellant also argued in the alternative that the payments made from her account for such aforesaid mortgage, taxes and insurance charges totalling well over $400,000 should be treated as indebtedness or loans owed by her husband to her as consideration for the transfer. ...

As regards the other amounts, she says that she provided consideration equivalent to the value of the transfers when she received them. ... Sufficient consideration [31]         The appellant's argument that she had provided sufficient consideration for the other amounts that Mr.  ... Abergel. [36]         The appellant argues that the time at which the consideration is given is not relevant for the purposes of section 160 of the ITA and that the consideration did not have to be paid when the appellant received the money. ...

He also mentioned that he was entitled to present such evidence because one of the Minister’s reasons underlying the two assessments was precisely that the appellants did not provide any consideration. [17]         I let the appellants present their evidence. ... In other words, no argument had been put forward regarding consideration given by the appellants in exchange for the money received from their father. ... Consideration [65]         I agree with counsel for the respondent that the fact that the argument that Bertrand Joyal gave a mandate to his daughters to render him services, for which they were compensated, was made at such a late stage undermines the credibility of their claims. ...

Considerations to Turning Refusals [10]         The scope of questioning on discovery has been fully canvassed in this Court and in the Federal Court of Appeal. ... Whether or not the fact that title did or did not pass was or was not a consideration of the Respondent is an appropriate question. [29]         Asking what facts were considered in arriving at a legal conclusion pleaded by the questioned party is entirely appropriate. ...

The issue is whether consideration was given by the Appellant to CC for the Property. ... The relevant time for determining the consideration is at the time that the Property is transferred: Hardtke v.  ... The Consideration Given by the Appellant for the Property [76] The value of consideration for a transfer of property is determined at the time of the transfer. ...

Definition of Consideration [35]         The Appellant also relied on the definition of “Value of Consideration” in the Ontario Land Transfer Tax Act to state that the consideration for the transfer can include amounts paid prior to the transfer. ... The true value of the consideration for the conveyance. 2. The true amount in cash and the value of any property or security included in the value of the consideration. 3. ... It repeats the definition of “Value of Consideration” and states that “the amount expressed in money of any consideration given or to be given, as well as any benefit given to any person as part of the arrangement, must be included” in the consideration. ...

The only consideration that Kathryn Marino gave for the shares was time spent with the Company. ... He agreed that the wife paid no consideration to the company for the proceeds of the sale of the Company’s property. ... Further, with respect to the matter of consideration, even if there were no asset in the company the husband taxpayer received the total value of the company’s interest and therefore that was his consideration. ...

[15] The first step is to determine what goods and/or services were provided for the consideration received. ... Consideration [224] In ordinary usage, the term “gift certificate” would describe a device that was issued for consideration. ... Section 181.2 denies its beneficial tax treatment to a device if the device is not issued for consideration, but it does not require a device to have been issued for consideration for it to be a gift certificate. [227] In addition, section 181.2 only says that there has to be consideration. ...