Search - consideration

As was observed by the Appellant, this problem was under constant consideration and a lawyer, Arnold, was consulted. ... Thus, the form of the transfer and the consideration paid should be ignored as irrelevant. ... By Resolution, the sum of $725,600 was fixed as the aggregate consideration for the issuance of the aforesaid special shares. ...

The taxpayer did not verify whether, once the shares held by Mayatrust were issued in the Company's capital stock, it had been done for fair consideration;   18.    ...   [14]          The assessment resulted mainly from the refusal to take into consideration the share certificate for a significant investment of $5,696,000 in shares in the same class, Class "B". ... Paquet's testimony was rather ambiguous, even unclear, regarding certain essential aspects that should have been taken into consideration before signing the three certifications for the appellant. ...

In the alternative that the development charges did not form part of the consideration for the supply of houses, the appellant was nevertheless obliged to remit all of the GST that it had collected on the supply of the houses. ... (f)   Through the Statements of Adjustments, the Appellant and each Mattamy Purchaser determined the net consideration for the transfer of the new home by deducting the GST and development charges from the tax-included Purchase Price. (The net consideration for the transfer of the new home as agreed upon in the Statement of Adjustments shall hereinafter be referred to as the "Net Sale Price").   ...

(f)         The auditor did not take into consideration the fact that films not sold within a short time of their release dates are systematically discounted. ... His testimony essentially consisted in expressing reservations and concerns about the quality of the data taken into consideration. ... [65]     The Appellant preferred to give the Court the report of an expert who asserts that the reliability of the auditor's findings was doubtful given the quantity of data taken into consideration. ...

Wage loss replacement payments like those in the case at bar are made by a third party in consideration of premiums paid to it. They are not paid in consideration of services rendered. In the case at bar, t he consideration paid by the employer for services rendered was the premium it paid to Sun Life. ... The essence of such payments is not that they are consideration for services rendered. ...

Although the consideration may be adjusted after verification, there is nonetheless a consideration. ...   [27]    The other considerations listed in paragraph 24 do not change this finding.   ... This is not inconsistent with the fact that they are consideration for the purchase of inputs and intermediate goods ...

The scope of the subsection is not obscure for one does not speak of benefitting a person in the sense of the subsection by making a business contract with him for adequate consideration.   ... The amounts received by the transferee were not earned by the transferee as consideration for services rendered or goods supplied ...   [39]          In Outerbridge and Smith, the payments to the transferees were taxable benefits because the payments were not made in return “for adequate consideration in the context of a legitimate business relationship”. [23]   [40]          In both Outerbridge and Smith, the recipient of the payment or the property happened to also be the person on whom a benefit was conferred. [24]   [41]          Where the recipient of the payment or the transferred property is simply receiving payment in return for adequate consideration (the supply of goods or services), there is no benefit being conferred on the recipient of the payment ...

However, as they may be relied upon in the context of other requests for compliance orders, their consideration is warranted. ... This consideration weighed heavily in the Federal Court judge’s consideration of whether to grant the order. [41]   In the absence of a specific intersection between the Income Tax Act and the Tax Court Rules, the Rules as subordinate legislation do not assist the interpretation of the scope of the Minister’s power under paragraph 231.1(1)(a). ... The course of an audit is directed by a multitude of factors, including the auditors’ experience, training, the state of the records, the tax history of the taxpayer as well as considerations external to the particular taxpayer. [44]   Finally, vagueness cannot be a relevant consideration on the record before us. ...

However, the appellant fails to mention the most important consideration in the Court's opinion, which is that the transactions at issue did not violate the provisions of the applicable Act, the Bank Act, R.S.C. 1985, c.  ... In British Columbia, the Supreme Court decided that the provisions of taxation statutes should not be interpreted, on the basis of vague public policy considerations, so as to exclude illegal activities from their scope. ... It is ultimately immaterial that the enactment of article 1413 of the C.C.Q. may have been motivated by considerations of public order. ...

The level of deference is high. [19]   The Governor in Council’s approval decision is a “discretionary [one]…based on the widest considerations of policy and public interest assessed on the basis of polycentric, subjective or indistinct criteria and shaped by its view of economics, cultural considerations, environmental considerations, and the broader public interest”: Gitxaala Nation at paras. 140-144 and 154; see also Tsleil-Waututh Nation at paras. 206-223. ... The Governor in Council found that compelling public interest considerations clearly outweighed the adverse environmental effects. ... As well, other considerations may affect the entitlement to a remedy, the type of remedy, or the terms of a remedy. ...