Decision 40174

Case Number Claimant Judge Language Decision date
Decision 40174   Stevenson  English 1998-01-27
Decision Appealed Appellant Corresponding Case
Allowed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  circumstances  financial success or failure 

Summary:

A person who is engaged in an unprofitable business may still be considered employed if he spends a substantial amount of time for the purpose. The financial success or failure of the enterprise is not a conclusive factor.


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

Summary:

Umpire ruled that when one completes the education requirements for admission to a profession and opens an office there is a presumption that he does so with the intention of engaging in, or following, the private pratice of that profession as a principal means of livelihood. This presumption is rebutable if the claimant spent so little time on his private practice that it could be said that his self-employment was minor in extent.


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

Summary:

Umpire ruled that when one completes the education requirements for admission to a profession and opens an office there is a presumption that he does so with the intention of engaging in, or following, the private pratice of that profession as a principal means of livelihood. This presumption is rebutable if the claimant spent so little time on his private practice that it could be said that his self-employment was minor in extent. Umpire found that it is a border-line case but he concluded that the facts bring claimant within subsection 43(2).


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  week of unemployment  professional field 

Summary:

Umpire ruled that when one completes the education requirements for admission to a profession and opens an office there is a presumption that he does so with the intention of engaging in, or following, the private pratice of that profession as a principal means of livelihood. This presumption is rebutable if the claimant spent so little time on his private practice that it could be said that his self-employment was minor in extent. Umpire found that it is a border-line case but he concluded that the facts bring claimant within subsection 43(2).


Date modified: