Search - consideration

a gift is a voluntary transfer of property owned by a donor to a donee, in return for which no benefit or consideration flows to the donor (...) ... Canada [2001] 4 CTC 54 (FCA) it was held that “obtaining a receipt from a charitable organization could not be viewed as consideration that would eliminate the gratuitous and liberal nature of the transaction” (para. 8) and in Mariano v. ... In consideration for that payment, the Appellant expected an addition of $47,000 to his investment portfolio along with a same-day, limited recourse, partially secured, self-funding loan of $89,000. ...

First, the Crown must prove that the Appellant made a misrepresentation in filing his 2005 return by failing to report a shareholder benefit on acquiring, for no consideration, four properties from HGSL worth more than $2.4 million. ... He knew that HGSL owned the properties and that they were transferred to him for no consideration. ... He found that the corporation conferred a benefit on its shareholder by transferring the shares of its subsidiary to him for inadequate consideration. ...

[OFFICIAL ENGLISH TRANSLATION]  ____________________________________________________________________   Motion made and disposed of upon consideration of written representations and without appearance by the parties.   ... Considerations Applicable to the Motion   [17]          The Court is not being asked to conduct a reference by agreement of the parties under section 310 of the GST legislation. ...

In consideration of the Asset Transfer, the Corporation will assume all of the liabilities of, and will issue preferred shares (the "Preferred Shares") to, the Limited Partnership. ... As consideration for the net assets, the company issued 5,138 preferred shares at $1 each for each $5000 unit held in the Limited Partnership, representing a total of 462,438 preferred shares. ... The particulars of the property transferred and the consideration received are recorded in form T2058 as follows: Property Transferred Fair Market Value Cost Amount Livestock $575,000 $193,584 Consideration Received Loan payable $193,500- 381,500 preferred shares 381,500- Total Consideration $575,000 [23]     The financial statements of the Corporation at December 31, 1996 (Exhibit R-2, Tab 50) state in Note 2 that, upon the transfer of assets from the Partnership to the Corporation, the Corporation issued 462,438 preferred shares on the basis of 5,138 preferred shares for each $5,000 unit in the Partnership. ...

One consideration may point so clearly that it dominates other and vaguer indications in the contrary direction. ... They merely crystallise particular factors which may incline the scale in a particular case after a balance of all the considerations has been taken. ... The consideration of a bid to take over Matco clearly shows that the contractual relation with that corporation was a significant asset for Rona. ...

On June 30, 1989 Opco repurchased its 5 class "A" Common Shares held by William Keech for a total consideration of $23,287. The consideration was determined by reference to a formula contained in an Agreement between Opco and William Keech dated October 12, 1978. 15. ... On August 29, 1989 Opco redeemed its 99 Special Preferred Shares owned by Newco for aggregate consideration of $272,250. ...

The consideration received by the Appellant consisted of 250 Class "B" shares of the Centre.   6.         ... Côté‑Létourneau each disposed   of 50 of their 500 Class "B" shares in the share capital of the Centre, and, in consideration, each received a $50,000 promissory note.   ... Côté-Létourneau each disposed of their remaining 450 Class "B" shares in the share capital of the Centre, 9061 acquired these shares, and, in consideration, the Appellant and Ms.  ...

  [15]         The respondent alleges that, in any case, these settlement offers should not be taken into consideration when costs are awarded since it was legally impossible for her to accept them because the proposed settlements had no factual basis. ... In addition, the examples of exceptional circumstances cited by the former Chief Justice are, indeed, some of the factors listed in subsection 147(3) of the Rules, which must be taken into consideration when determining costs. [17] Thus, that decision supports the statement that analyzing the factors set out in subsection 147(3) makes it possible to determine the appropriate amount of costs ... She stated, however, that those settlement offers should not be taken into consideration when costs are awarded since it was legally impossible for her to accept them because the proposed settlement had no factual basis ...

The factors in Rule 147(3) [of the General Procedure Rules] are the key considerations in the Court’s determination of costs awards as well as the quantum and in determining if the Court should move away from the Tariff; 6. ... The manner that the Tariff is referenced in Rule 147 [of the General Procedure Rules] indicates the insignificance of the Tariff in costs considerations. ... Consideration of Relevant Factors A. Result of the Proceedings [12] As I noted previously, the Appellant was successful on all issues before the Court. ...

  [22]         Section 69 of the ITA provides for adjustments to be made when computing the proceeds of a disposition or an acquisition in the case of inadequate considerations. Section 69 reads as follows:   income tax act   Section 69: Inadequate considerations. ...