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. … Bocock J concluded (at para 40): Mayling remained the purchaser until closing and, as such, obligated to pay the consideration. … Therefore both the ETA and APS required the Appellant to collect and remit the HST. ...

Gendron") in consideration for a promissory note (payable in five annual instalments) and elected that s. 73 not apply to produce rollover treatment. ...

The Queen, 2014 TCC 156-- summary under Subsection 245(4) Summary Under Tax Topics- Income Tax Act- Section 245- Subsection 245(4) stock-dividend value shift failed notwithstanding offsetting-gain to be realized on death; no basis adjustment requested The taxpayer, who had realized a capital gain of $30 million earlier in the year, subscribed for Class A common shares of a corporation newly incorporated by him ("Immeubles Molibec") in consideration for a demand promissory note of $22.5 million. ...

Canada (Minister of Transport), [1992] 1 S.C.R. 3-- summary under Regulations/Statutory Delegation Summary Under Tax Topics- Statutory Interpretation- Regulations/Statutory Delegation approval given pursuant to a federal navigation statute should be interpreted as being subject to an order issued under a federal environmental statute Before confirming the quashing of an approval of the federal Minister of Transport given pursuant to the Navigable Waters Protection Act (Canada) for a dam to be built on the Oldman river in Alberta on the basis that no environmental assessment had been performed as required under the “Guidelines Order” issued under the Department of the Environment Act (Canada), La Forest J considered the argument of the appellants, Alberta and the federal Ministers, that the Guidelines Order was inconsistent with and therefore must yield to the requirements of the Navigable Waters Protection Act, namely, that the Minister of Transport was confined by that Act to a consideration of matters pertaining to marine navigation alone, and that the Guidelines Order could not displace or add to the criteria mentioned in that Act. ...

The parties returned with a revised plan of arrangement which had essentially the same proposed terms, except that contingent cash consideration to be paid to the InterOil shareholders based on the subsequently-measured size of InterOil’s natural gas resource was capped once the assessed size reach 11 trillion cubic feet equivalent rather than 10 tcfe. ...

In finding that the IRCs did not qualify as coupons, Lamare ACJ stated (at paras. 29, 30, 31): The FCA, in Tele‑Mobile, made it clear that there cannot be a coupon unless something is submitted by the purchaser for acceptance as full or partial consideration for the taxable supply, and the coupon thus tendered, whether physical or electronic, must entitle the purchaser to a reduction of the price equal to a fixed dollar amount specified on the physical or electronic device. ...

The solution adopted was for PWR to then transfer high basis assets to the Holdcos in consideration for preferred shares of the same class, so that the PUC of the preferred shares held by Mr. ...

The key considerations …are: …{H]is primary intention … to sell …at a profit as soon as a reasonable return …could be realized. ...

In remitting TD’s request for a one-day extension to the Commissioner for reconsideration, and in applying Stemijon, he stated (at paras. 55, 59): While it was open to the Commissioner to have regard to Ministry of Finance policy statements, she erred in treating them as the only relevant consideration. ...

The Queen, 2017 TCC 98, aff'd 2018 CAF 209-- summary under Subsection 245(3) Summary Under Tax Topics- Income Tax Act- Section 245- Subsection 245(3) not every transaction had estate-freezing objective Prior to the sale of a corporation ("Groupe AST") to a third party, its individual shareholder rolled his shares of Groupe AST into a holding company (“276”), and then the adjusted cost base of the shares of Groupe AST was stepped up to fair market value through a combination of Groupe AST increasing the stated capital of its shares, thereby generating a s. 84(1) deemed dividend to the taxpayer which was reported by it as a capital gain, and of 276 transferring the Groupe AST shares on a non-rollover basis to a subsidiary (“9144”) in consideration for Class A common shares with a high ACB. ...