Search - consideration

A memorandum describing the economic effect of the acquisition of increased density rightswas put in evidence and it sets out the business considerations that went into the decision to approach St. ... As part of the consideration for the assignment of the commercial density aforesaid, we agree to transfer and assign to you the appropriate amount of residential density from the University Lands. 3. ... Here at least we have a building. 13 Since many of the legal considerations that applied in Cadillac Fairview apply here, the simplest thing is to repeat what I said there at pages 2211-2214: To begin with, we should be clear on just what “density rights” are and what the appellant was getting for its $11,227,444. ...

As noted by Justice Cattanach in Gabco Limited, if the court reaches a “conclusion that no reasonable business man would have contracted to pay such an amount having only the business consideration of the appellant in mind” then the provisions of section 67 of the Act would apply. ... If an expense is unreasonable in relation to the source of income then “no reasonable business man would have contracted to pay such an amount having only the business consideration of the appellant in mind ”.                                                                                                             ... Any suggestion that the expense was incurred primarily in the pursuit of a hobby or other personal endeavour would also be a relevant consideration. [30]         In all such cases, the expense will be tainted. ...

The Minister took into consideration several facts before deciding to uphold the penalties. ... The record makes it clear that the Minister did not decide that there was no contravention, and there was no error that would account for a consideration penalty reduction.  ... Conclusion   [64]            In consideration of the above, this application for judicial review is dismissed.  ...

The benefit of the Contract was later assigned to the Appellant with the consent of Wood. t) In or about June of 1987, Wood anticipated that the Municipal District of Rocky View intended to down-zone the Land, and, by the aforesaid Contract, Wood employed the services of the Appellant in order to oppose the down-zoning of the Land, and, if successful, thereafter to take all such steps as may be necessary to obtain approval to subdivide the Land into 30 lots. u) The obligations of the Appellant were to:... ii) to make representations to regulatory authorities as required in connection with design control relating to the Land; iii) to assist in co-ordinating road, water, gas, power, landscaping and act as casual supervisor of construction, and to assist in subdividing the Land into 30 lots; iv) to supply his services to assist the owner with an application to subdivide the Land into the Owner's Acreage and as many two acre parcels as may be permitted. v) In the event the Appellant was successful in opposing the down-zoning of the Land and the Land was subdivided, the consideration or fee payable to the Appellant was the grant to him of 2 two acres lots to be selected by him, at the time registration of such lots was possible. w) The Appellant was successful in opposing the down-zoning of the Land by September 13, 1988. Wood continued to engage the services of the Appellant with regard to the sub-division of the Land.... y) The fully serviced lots 11 and 16 were transferred to the Appellant on January 11, 1990. z) As part of the work done in regard to getting approval for the development agreement, the Appellant did a feasibility study of the whole project which indicated the value of each lot.... bb) The Appellant sold lot 11 on February 23, 1990 for the sum of $124,500.00, and the Affidavit of the Transferee on the Transfer of Land of the above transaction stated the fair market value of the land as $124,500.00. cc) The fair market value of lots 11 and 16 on November 7, 1989 was $124,500.00 and $90,000, respectively. dd) The return of income of the Appellant for his 1989 taxation year was signed by him on April 29, 1990, and the Appellant failed to report the aforesaid sum of $214,500.00 as the consideration paid to him by Wood in 1989, pursuant to the Contract. ... Regards Penalty v) In the return of income submitted by the Appellant in respect of its 1992 taxation year, it reported $35,000.00 as the value of the consideration paid to it by Allan Hodgson in regard to the services rendered by the Appellant to him pursuant to the provisions of the Contract. w) In its return of income for its 1990 taxation year the Appellant did not declare any income from the Contract, and thereby the Appellant by its servants and agents knowingly or under circumstances amounting to gross negligence made or participated, assented to and acquiesced in making the false statement that its income arising out of the aforesaid Contract during its 1990 taxation year was nil and thereby understated its income by $90,000.00. ...

Transfer of farm back to parents [16] A document entitled "Transfer/Deed of Land" dated August 15, 1992 bearing the signature of the Appellant as transferor and the signature of his wife, Dina DeGeer ("Dina") as consenting spouse, provided for the transfer of the farm to the Appellant's parents as joint tenants in consideration of natural love and affection and $1.00. ... Transfer of farm from parents to Appellant [21] Thirty-five days after the transfer of the farm to his parents, another document entitled "Transfer/Deed of Land" bearing date September 19, 1992 provided for the conveyance of the farm from the Appellant's parents to the Appellant in consideration of natural love and affection and $1.00. ... The consideration for this was determined by a complex formula. [31] The Appellant admitted that the Trimark shares were being held for him as of March 31, 1992. ...

If the money had been advanced as consideration for an interest in, or a portion of, the copyright to the series (whether a legal or beneficial interest) the amounts would not have been treated as liabilities, appellant's counsel stated. ... Further, if the amounts advanced by the Investors were for consideration of a transfer of copyright, whether it was a legal transfer or an equitable interest, the aggregate amount of $115,000 that they advanced would have been deducted from the balance of the undepreciated capital cost of the production and this was not done, Mr. ... While this does not change the character of the interest, it does dictate how much weight should be placed on the consideration of its importance in determining the true substance of the agreement. ...

Canada (Minister of Employment and Immigration), [1999] 1 S.C.R. 497, at p. 549: Purpose (4)         In general terms, the purpose of s. 15(1) is to prevent the violation of essential human dignity and freedom through the imposition of disadvantage, stereotyping, or political or social prejudice, and to promote a society in which all persons enjoy equal recognition at law as human beings or as members of Canadian society, equally capable and equally deserving of concern, respect and consideration. (5)         The existence of a conflict between the purpose or effect of an impugned law and the purpose of s. 15(1) is essential in order to found a discrimination claim. ... and (C)        Does the differential treatment discriminate, by imposing a burden upon or withholding a benefit from the claimant in a manner which reflects the stereotypical application of presumed group or personal characteristics, or which otherwise has the effect of perpetuating or promoting the view that the individual is less capable or worthy of recognition or value as a human being or as a member of Canadian society, equally deserving of concern, respect, and consideration? ... Canada (Minister of Employment and Immigration), [2000] 1 S.C.R. 703 at p. 734: The question therefore is not just whether the appellant has suffered the deprivation of a financial benefit, which he has, but whether the deprivation promotes the view that persons with temporary disabilities are "less capable, or less worthy of recognition or value as human beings or as members of Canadian society, equally deserving of concern, respect, and consideration" (emphasis added). [39]      The differential treatment imposed by the Act does not promote the notion that parents of children under 16 years old are less deserving of concern, respect and consideration. ...

(k)               There is a sham contract between the Appellant and Raymond Lepore (“on behalf of a company to be incorporated”), which provides that the consideration for the services rendered by Raymond Lepore is as follows:   3.02 Payment   In consideration for the Consultant's work and consultant services, the Client shall pay the consultant a commission of 5% of the projected sales of the Project in the amount of SIX MILLION DOLLARS ($6,000,000.00). ... Lepore and the remuneration that the Appellant undertook to pay him in consideration of those services. The two provisions in question read as follows:   2.02           Main Duties and Responsibilities   Without being restrictive, and subject to modification (in the latter case, by prior notice from the Client), the Consultant's main duties and responsibilities shall be as follows:   a)         to plan and define the project stages, to allocate the resources, to coordinate the project execution and to supervise their application at the Project location;   b)         to advise and assign the responsibilities to other team members while ensuring the follow‑up of the plans, time‑schedule and budgets;   c)         to provide an efficient project management capacity and to comply with the time‑schedule;   d)         to manage all the financial aspect of the Project, including the sales, the purchases, the revenues, the expenses;   e)         to prepare all cash flows, financial reports and forecasting necessary for the Project and to deal and negotiate with all and any financial institution required to the Project;   f)                     to negotiate and deal directly with all and any of the suppliers with respect to the Project;   3.02           Payment   In consideration for the Consultant's work and consultant services, the Client shall pay the Consultant a commission of 5% of the projected sales of the Project in the amount of SIX MILLION DOLLARS ($6,000,000.00). ...

Broad considerations of statutory purpose should not be allowed to displace the specific language used by Parliament (Ludco, at paras. 38-39) ...   [41]          There can be two types of control: de jure or de facto; to avoid confusion, the courts have found that effective control must be considered,  which clearly means the analysis must be more thorough than a simple consideration of de jure control. ... To this end, the number of shares has no importance; only the number of votes should and must be taken into consideration. ...

)   [9]      Further, if there was a business contract with the transferee for added consideration, there is no benefit to the transferee. The transferee is in effect receiving payment of the consideration to which it is entitled under the contract.          ... There was therefore a business contract in place between 590 and 711 and the transfer of the proceeds was for consideration. ...