| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
farming |
definition |
|
Summary:
The Commission found that the earnings received by the claimant from his greenhouse were farming income and applied subsection 35(10) of the EIR. The Umpire had concluded that the claimant's activities did not constitute farming as the issue of farming had not been raised. The FCA stated that the issue of farming was not properly before the Umpire. The Court concluded that Umpire could not raise on his own the issue of farming. This was a breach of procedural fairness.
