Decision 11174

Case Number Claimant Judge Language Decision date
Decision 11174   Muldoon  English 1985-09-25
Decision Appealed Appellant Corresponding Case
Allowed  No N/A  -


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

Summary:

The expression "so minor" is so minor in specifics as to beg for positive interpretation. So minor of what? Capital? Effort? Time? Both English and French must mean the same. The French is clear, specific and positive, so its meaning is the meaning of 43(2) and it refers to time. Present tense is used. Since there seems to be no evidence to show that claimant devoted more time to his business after he was laid off than before, the balance of evidentiary preponderance tips in his favour. [p. 6-7]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  job search 

Summary:

Financial failure is one factor in his favour. The 25 job applications speak eloquently for his intent to find a full-time job. [p. 8]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  principal means of livelihood 

Summary:

The Board found that the intent of investment would eventually be as a principal means of livelihood. The proviso does not require that a person would "never" normally follow it... [but refers to the present time]. [p. 8-9]


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