Search - consideration

As always, however, in giving consideration to what was said by the judges in Thomson, regard must be had to the context in which the phrase "ordinarily resident” appeared in that case. ... The scheme under consideration deals with the deductibility of moving expenses by different classes of taxpayers under a number of differing circumstances including a move by a taxpayer from a place in Canada to another place in Canada; from a place in Canada to a place outside of Canada and from a place outside of Canada to a place in Canada. ...

While the provisions of the Provincial Income Tax Act were under consideration in Lipson (supra), the thrust of the relevant section would seem to be identical to the Canadian Income Tax Act. ... It might be another matter, if Mr Gorjup were demanding consideration of the “full farming loss", but under the circumstances of this appeal, where only the claim to "restricted farming losses" is in question, I must determine, based on Graham (supra), that his claim is warranted. ...

NOW THEREFORE this agreement witnesseth that in consideration of the promises and the mutual convenants (sic) and agreement herein contained, the parties hereto agree as follows: 1. The Licensor agrees to sell to the Licencee and the Licencee agrees to purchase in consideration of the sum of ONE HUNDRED ($100.00) DOLLARS of lawful money of Canada, receipt of which the Licensor hereby acknowledges, the right to engage in business making use of the Licensor’s financial planning systems and tax preparation systems for clients from within the territory defined in paragraph 8 hereof. 2. ...

The words “beyond control’’ fairly imply a pledge to exercise human agencies to the point of excluding negligence under the above test, and if this be true human agencies are not excluded from consideration as factors. ... Such an occupational approach to relieve a contracting party from liability or to exempt him from due performance will normally raise a number of considerations which have their root in the ways and means with which business relationships are conducted. ...

Therefore no rent income for the residence can be taken into consideration for the years 1979 and 1980. In the 1978 [sic], the respondent took this into consideration because the tenant had paid them $1,200 for the residence. ...

If its non-taxable income is not taken into consideration, the Company cannot be said to have used its machinery or equipment prior to April 1, 1973 for “the purpose of earning income”. ... On the other side of the coin, if the Company’s non-taxable income is taken into consideration, while it would qualify under subsection 106(1), the inclusion of this income in the computation under subsection 106(5) would not produce a “‘net loss” entitling the Company to a deduction under subsection 106(4). ...

Still leaving aside consideration of the impact of the “five-month period” on this issue, as I see it, that is what happened in the assessment under appeal. ... To accept that as fulfilling the condition precedent in subparagraph 167(5)(c)(i) of the Act, in my view, would negate the major purpose of that section, as I interpret it, which is to reinforce and require immediate, serious and virtually final consideration of the assessment when it is received. ...

It is an agreement which was reached after discovery, after time for consultation and consideration, and upon independent advice. ... NOW THEREFORE in consideration of the execution of the Consents to Judgment for the 1974, 1975 and 1976 taxation years the Appellant and the Respondent hereby agree that the Respondent shall forthwith following judgment reassess the 1974, 1975 and 1976 taxation years as set out above. ...

A reasonable time is allowed for exposure in the open market. 4. payment is made in cash or its equivalent. 5. financing, if any, is on terms generally available in in the community at the specified date and typical for the property type in its locale. 6. the price represents a normal consideration for the property sold unaffected by special financing amounts and/or terms, services, fees, costs, or credit incurred in the transaction. ... In 1971, the neighbourhood was moving and taking all things into consideration, it seems to me that all of the ingredients that motivated them in 1976 were present in 1971 and that they would have acted in a similar manner. ...

Consideration was to be $30,000 in cash (2 cheques of $15,000 each) and a mortgage back of $80,000 and a further mortgage back of $35,000. ... Alternatively, the Galt property was so highly mortgaged at the date of sale (taking into consideration the Canada Permanent, Wunder and Pax mortgages) that there was no net equity whatsoever with which Margaret could claim she had acquired the Paris property. ...