| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
elected or appointed representative |
|
Summary:
The claimant established a claim effective March 2008, but a few months later advised the Commission that he had been paid executor fees in July 2008. The Commission took the position that the fees received were for services rendered and decided that the allocation should start in February 2008, when the claimant's duties as executor began. The claimant took the position that he should be paid benefits, as his executorship was not a real job and his wife had done the work. The FCA held that the Umpire failed to give effect to paragraph 35(1)(c) of the EIR which incorporates within the definition of «employment» the tenure of an office as defined in subsection 2(1) of the Canada Pension Plan. The FCA found that the claimant comes within this definition.
