Search - consideration

The determination of this question involves consideration of whether and to what extent the decision of the Supreme Court of Canada in Home Oil Company Ltd. v. ... The determination of this question involves consideration of whether subsection (4) of Section 1201 of the Regulations is ultra vires, as counsel for the appellant contended. ... In my opinion, they should be eliminated from consideration in the computation of the base for the appellant’s deductible allowance. ...

If it was a debt to be paid by the Government it introduces this consideration: Was it the intention of the Income Tax Acts ever to tax capital as if it was income? ... At page 145, Lord Wright states: "The question involved in the case is the question which has so often to be debated where property has been sold, namely, whether the consideration is a sum of money, though payable in instalments, or whether it is an annuity. ... By a policy of assurance effected by the appellant with an Assurance Society to provide for his son’s eduction, the Society, in consideration of six premiums of £90 each, paid annually between 1912 and 1917, agreed to pay him an annuity of £100 each year for seven years as from September 29, 1920. ...

Next there is the fact that the considerations which influenced Construction Aggregates to make the deal were to my mind trading considerations. ... There is also the fact that so far as appears Sensibar Dredging alone committed itself to and became party to the sale to McNamara and received the consideration. ... There is also the consideration that as between a parent and its wholly owned subsidiary what is in fact to be done as the act of the subsidiary as distinguished from that of the parent is very much a matter of internal arrangement and of decision by the parent. ...

In consideration of the payment by the appellant of $208 for the aforesaid 41,160 shares, he became entitled, at his option, to subscribe for an additional 83,533 at the same price per share, totalling $416, which sum he duly paid in November 1949. ... Ltd. whereby it would drill a well in consideration of Britalta giving its a checkerboard half-interest in the permit and by August the agreement was signed. ... I pass on to the consideration of a more positive test and one concerning which our jurisprudence provides more guidance in determining whether or not a transaction constitutes an adventure in the nature of trade. ...

The authorized capital stock consisted of 1,000,000 shares without nominal or par value, the maximum price or consideration permitted being $1.00 per share. ... It was a condition precedent to any payment to Scurry by the appellant that Scurry should have incurred exploration and drilling expenses and I can entertain no doubt that the money paid by the appellant to Scurry was in consideration for a transfer of an interest in land from Seurry to the appellant although that consideration was measured by the yardstick of the costs incurred by Scurry. ... I turn now to a consideration of the first issue of the two issues involved in these appeals, that is, the deductibility of the legal expenses incurred by the appellant as a consequence of the circumstances outlined above. ...

Commissioner of Taxes, [1927] A.C. 327, the assets of a partnership, including stock in trade, were sold to a limited company formed to carry on the business, the consideration being a lump sum payable in shares of the company. ... The truth is that the whole consideration was paid and received for the assets and rights granted as a whole, and no part of the consideration was paid or received for inventory alone or for equipment alone or for any other single asset or right by itself. ... At p. 504, Lord Radcliffe, with whom two other members of the House concurred, discussed the question as follows: “My Lords, with these considerations in mind, I must now say what I believe to be the right way to deal with the present case. ...

At the material time the appellant allowed Kellough Brothers Dairy Limited in common with other members, in consideration of certain ‘‘dues’’, ‘‘fees’’, ‘‘mechanical charges’’ and “assessments” to use its certification mark ‘‘Quality Chekd’’ and its mark including the symbol ‘‘Q’’ with a check mark, application for certification of which had been filed with the Trade Marks Office in Ottawa; and in addition provided services which in brief were: (1) production advice on an ad hoc basis to individual members according to their needs; (2) the holding of production seminars on an annual basis in each district at which sometimes experts outside the staff of the appellant were included in such things as panel discussions; (3) laboratory analysis of products; (4) preparation of advertising programmes and materials; (5) marketing and sales advice, also on an ad hoc basis; and (6) the holding of sales workshops at which sales people from various member companies attended to exchange ideas and also to share other ideas and suggestions from the staff of the appellant and sometimes outside consultants. ... However, in this case, it is sufficient to find upon a consideration of the whole of the evidence, and I do find, that the ‘ knowhow” provided by the appellant to Kellough Brothers Dairy Limited should be categorized as services rendered, or at least and in any event not ‘‘property’’ within the meaning of the word as it is employed in Section 106(1) (d) (iii) of the Act and also not ‘‘other thing’’ as those words are also so employed there, applying as I do the ejusdem generis rule of construction to it and not the extremely wide dictionary definition of “ thing” as may be found, for example, in The Shorter Oxford Dictionary and other dictionaries. ...

As a result of the bargains, in the case of each of the lots referred to in paragraph 8 of the reply to the Notice of Appeal, the builder-client who had an option or agreement to purchase it transferred to a nominee on the appellant’s behalf all of his interest in the option or agreement in consideration of the appellant releasing him from his liability to repay the amounts that the appellant had advanced to him to pay on account of the agreement. In other words, in 1951 the appellant, who until that time had had absolutely no interest in the properties in question, either by way of charge or otherwise, acquired the rights of his builder-client in each such property in consideration of a discharge of a debt owing to him by the builder-client. ...

., by a government, a company, or an employer of labour, in consideration of past services or of the relinquishment of rights, claims, or emoluments.’’ ... P. 552: ‘ ‘A Pension’ is a stated allowance or stipend made in consideration of past services or of surrender of rights or emoluments to one retired from service, and is not wages as that word is used in Unemployment Compensation Act provision, wherein wages are defined as remuneration for employment. ’ ’ Another analysis of the term in Quillet, Dictionnaire de la Langue Française (the 3 volume edition) suggests identical conditions; I cite: ‘Pension de retraite, revenu annuel attribué sous certaines conditions d’âge et de services rendus, à un militaire, à un fonctionnaire, etc., qui a cessé son service.” ...

The Appellant intends to submit the following reasons: (b) The said sum of $3,255.51 was not received by the Appellant as income or profit from or in the course of carrying on the practice of his profession but rather was received by the Appellant in part satisfaction of the monies payable to the Appellant pursuant to the dissolution agreement and in consideration of the matters set out in paragraph A 3 of this Notice of Appeal. ... B 2(b), agrees that he received his share of recoverable accounts ‘‘in part satisfaction of the monies: payable to the Appellant pursuant to the dissolution agreement and in consideration of the matters set out in paragraph A 3 of this Notice of Appeal”. ...