Decision A-0366.94

Case Number Claimant Judge Language Decision date
Decision A-0366.94 Jouan Alfred J.  Federal  English 1995-01-23
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  24632 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  minor in extent 

Summary:

Other factors can never be relevant on their own, the conclusion in a particular case depends directly and necessarily on the "time spent". In the case of a claimant who spends, on a regular basis, 50 hours per week to the affairs of his own business, there is no way that he can invoke ss. 43(2). All 6 factors of CUB 5454 mentioned. MAGEE and VEILLET referred to. It is my conviction that the most important, most relevant and only basic factor to be taken into account has to be, in all cases, the time spent. Whatever may be the status of the other factors, they can never be relevant on their own.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  rationale 

Summary:

Claimant's efforts to start his own business have taken him outside the purview of the UI scheme. The Act is designed to provide temporary benefits to those who are unemployed and actively seeking other work. It cannot be used to subsidize entrepreneurs who are starting their own business.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  rules of construction  official wordings differ 

Summary:

The only basic factor in ss. 43(2) is the time spent. First, this is what the French version says unequivocally, the ambiguous English phrase "so minor in extent" having to be read within the confines of the unambiguous French words "il y consacre si peu de temps".


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