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The Court's initiative cannot exculpate the respondent from his obligation to proceed in a diligent manner, though that fact could be taken into consideration when deciding the terms to apply to the filing of the respondent's pleading. ... Since there is no reasonable cause for the long delay in filing the reply, since there is a certain measure of prejudice to the appellant, and taking into consideration that the appeal was set down for hearing on the Court's initiative, the Court therefore rules that the reply will be filed as a document stating the position of the respondent and the appeal will be disposed of on the basis that the allegations of fact contained in the notice of appeal are true. ...

Counsel for Revenue Canada submits that this should not be a consideration due to the opening words of s. 224(1.2): “Notwithstanding any other provision of this Act". While these words would preclude consideration of another section in the case of a conflict, it would otherwise be against the rules of statutory interpretation to read the section in isolation. ...

Wink, was a non-arm's length recipient of property transferred, without consideration, by a tax debtor. ... The provisions of this section are fairly straightforward and read as follows: (1) Where a person has, on or after the 1st day of May, 1951, transferred property, either directly or indirectly, by means of a trust or by any other means whatever, to (a) his spouse or a person who has since become his spouse, (b) a person who was under 18 years of age, or (c) a person with whom he was not dealing at arm's length, the following rules apply: (d) the transferee and transferor are jointly and severally liable to pay a part of the transferor's tax under this Part for each taxation year equal to the amount by which the tax for the year is greater than it would have been if it were not for the operation of sections 74 to 75.1, in respect of any income from, or gain from the disposition of, the property so transferred or property substituted therefor, and (e) the transferee and transferor are jointly and severally liable to pay under this Act an amount equal to the lesser of (i) the amount, if any, by which the fair market value at that time of the consideration given for the property, and (ii) the aggregate of all amounts each of which is an amount that the transferor is liable to pay under this Act in respect of the taxation year in which the property was transferred or of any preceding taxation year, but nothing in this subsection shall be deemed to limit the liability of the transferor under any other provision of this Act. ...

Another strange feature of the transaction is the $20,000 fee put forward as the consideration for "management support" during the first fiscal year of the Licensee's operations. ... No provision is made for management support after 1980, either for further consideration or for nothing. ...

Appellant's Position Counsel for the appellant indicated to the Court that there was no dispute over the Minister's valuation of the property as of December 31, 1971 at $399,000 but that a serious error had occurred in that the Minister did not, in arriving at his conclusion, take into consideration the value of the gravel deposits which were said to be in the neighbourhood of $400,000. ... There was no evidence that the purchaser of the property from the appellant removed any gravel nor that this was a consideration in the purchase price. ...

On the advice of its accountant, based on considerations of related expense, the appellant sought deductions only in respect of its U.S. funds, so these reasons will deal with that aspect of the appellant’s business. ... Rather, it acquired it in the execution of the principal focus of its business which was realizing 1.65 per cent above the international exchange rate in the process of in consideration for converting U.S. money into Canadian currency. ...

The term of the lease and period for exercise of the option which they had granted were amended so as to end on November 1, 1979, and the consideration payable in the event of the exercise of the option was increased by $25,000. ... Skov used his share of the proceeds from the sale of the Westlock lands to pay the $60,000 consideration necessary to secure six shares in the numbered company which six shares were regarded as representing in effect a one-half share of the option to buy the Leduc lands from Mr. and Mrs. ...

I infer from the evidence that one of the more important considerations which Mr Walker had in mind when buying the property was that he might obtain a deduction from other income. ... I have addressed my mind to all considerations and have arrived at the conclusion that the expenses claimed by the appellant do not fall within the exemption of paragraph 18(l)(a) and therefore this appeal must be dismissed. ...

In consideration of the sum of SIX HUNDRED THOUSAND DOLLARS ($600,000.00) in Canadian Funds by certified cheques payable to each of Hulbert and Deluca respectively as follows: HULBERT — THREE HUNDRED AND SIXTY THOUSAND DOLLARS ($360,000.00) DELUCA — TWO HUNDRED AND FORTY THOUSAND DOLLARS ($240,000.00) the receipt whereof Hulbert and DeLuca respectively hereby acknowledge, the Assignors hereby assign to the Assignee all of their rights, title and interest in and to the May, 1969 Agreement, including all rights of action or other rights accruing to them, or which might hereafter accrue to them under the said May, 1969 Agreement. ... The appellant contends that the $600,000 was consideration for the forebear- ance to sue on the part of the appellant with respect to his rights under the May 16, 1969 agreement. ...

According to the evidence the consideration received therefor by the appellant was a promissory note from the four children in the sum of $435,000 repayable in five annual instalments of $87,000 each with zero interest. ... What is clear is that a sale price had been agreed upon in order to implement the sale transaction and that the appellant is seeking to convince the Court that in these close family circumstances their intent as to the consideration not exceeding fair market value should establish, and thereby govern, the calculation of the real gain to be taxed rather than that of $435,000 as evidenced by the promissory note. ...