Decision 36830

Case Number Claimant Judge Language Decision date
Decision 36830   Denault  French 1997-01-31
Decision Appealed Appellant Corresponding Case
Dismissed  Yes Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings  conditions required  7 days without earnings 

Summary:

Claimant holder of 20% of shares in the farm. She was employed in insurable employment from 22-5-95 to 13-10-95. Commission alleges that income from the sale of dairy products constituted earnings and prevented interruption of earnings from occurring. Position rejected by the Umpire who considers that, in the wording of subsection 37(1), the demonstrative adjective "that" applies only to the job she just lost. However, this income counts as earnings for the purposes of paragraph 57(6)(b) of the Regulations if the claimant is considered self-employed. Umpire's decision was undisturbed by FCA.


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