Search - consideration

The consideration is the payment of certain periodic installments called premiums (b). ... However, the proportion of the sums payable by an insurer, corresponding to the premiums paid by the beneficiary thereof personally and actually borne by him, as compared to the total amount of premiums, and the portion of the said sums which the beneficiary or assignee thereof has otherwise acquired for full valuable consideration shall not be subject to the duties imposed by this act nor included in the aggregate value. ...

VanSnick said that he discussed this proposal with the other directors of the plaintiff corporation and that after some consideration, they decided not to accept Mr Hayes’ offer as above described. ... Mr VanSnick acknowledged that the plaintiff gave no separate consideration for the advantages accruing to it under the agreement with Hayes Insurance Limited (Exhibit P1-11). ...

After careful consideration, I have reached the conclusion that the International Fruit decision (supra) is on all fours with the instant case in its relevant facts and that I! ... The section of the Income Tax Act under consideration there was subsection 20(4). which provided: 20. (4) Where depreciable property did, at any time after the commencement of 1949, belong to a person (hereinafter referred to as the original owner) and has, by one or more transactions between persons not dealing at arm’s length, become vested in a taxpayer, the following rules are...., applicable... ...

NOTE (my comment) — It can reasonably be observed that the language set out above taken from the first 4 paragraphs of Information Bulletin No 41 indicates quite clearly that a teacher is exempt from Canadian income tax for one period of up to two years on his remuneration from teaching, if he has come to Canada temporarily for the purpose of teaching and /f his stay in this country is not expected to exceed 24 consecutive months, ie a teacher appears to be entitled under the Information Bulletin to the aforesaid exemption even though he remains in Canada longer than 24 consecutive months if he can show that his stay in this country was not expected to exceed 24 consecutive months, the teacher’s original intention thereby becoming a relevant governing consideration. ... In outlining the Minister’s position in this appeal, Mr Thomas stated, in effect: that the sole question to be decided herein is whether or not the appellent is able to bring himself within the four corners of said Article X of the Schedule to the Canada-New Zealand Income Tax Agreement; that, even though the appellant is successful in establishing that he came to Canada in 1968 with the firm intention of staying only two years and no longer, that has no bearing on his tax liability in his 1968 and 1969 taxation years because the matter of his intention is not a relevant consideration in the interpretation and application of said Article X, and that the appellant cannot avail himself of the rules contained in Information Bulletin No 41, even though they were issued by no less a personage than the Deputy Minister of the Department of National Revenue, because the said Deputy Minister does not have the power to legislate nor to interpret legislation for other than his own purposes. ...

At that time, Burchett was about to leave on a skiing vacation, and it was suggested to him that he go on this vacation and, while he was away, give the matter some more consideration. ... I am not one that believes that the time factor between entering and leaving these projects is the main consideration in determining whether the gain realized is a capital gain or not. ...

This ensures that objections to the originating notice can be dealt with promptly in the context of consideration of the merits of the case. [33] The Federal Court of Appeal said the following in Access Information Agency Inc v Canada (Attorney General), 2007 FCA 224 (at para 21): […] When dealing with a judicial review, it is not a matter of requesting the disclosure of any document which could be relevant in the hopes of later establishing relevance. ... It balances judicial finality and economy and other considerations of fairness to the parties. ...

As further consideration for this transaction, please confirm that you will sell to me either two lots adjoining said property for $4,000.00, or one-half of a lot for $1,250.00, said lots to be paid for in cash when the deed to the adjoining land is delivered, the adjustment date for said lots to be when the deed is delivered. ... It would appear therefore that the primary consideration of appellant was to acquire the property for use by the hotel in its business, and not with a view to resale of same at a profit by him. ...

There were subsequent meetings also and Chartered’s proposal was under active consideration. ... Katchen and Bel-Conn also gave serious consideration during a period of about a year, from February 1961 to January 1962 to a proposal of Chartered Investments for a sale of the property to a proposed new company, in which Katchen and Bel-Conn would have a one-half interest, and the construction of an apartment building on the site. ...

During the course of the trial I intimated to counsel for the appellant that on a consideration of the facts as briefly outlined above, it should be concluded that the inference to be drawn is one of trading and that the matter must be considered to ascertain if there is some satisfactory explanation which would negative the prima facie inference of trading. ... Bearing such in mind it. seems to follow logically that there was not the need of a. precipitate sale of the motel units to meet a future and undetermined tax liability and that other considerations were present: in the appellant’s mind. ...

This view, as to the intention of the father of the deceased, is formed by the appellants on a consideration of the directions appearing in the tenth clause of the will and of the provisions of the fifth clause of the deed of donation which they seek to interpret and rationalize in a manner consistent with the motives which, in their view, prompted the father of the deceased to so direct and provide. ... VI, c. 14, was determined on consideration of certain provisions thereof which differ, in substance, from their counterparts in the Estate Tax Act (supra). ...