| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
business |
|
|
Summary:
The claimant was director, president and majority shareholder of a business and he operated from his home. He was self-employed, he did not accept any other employment, made no effort to search for employment and spent most of his time on his business. He did not report his earnings from the business because they were used to repay his debt and he did not have wages to report. The Commission concluded that the claimant was not unemployed or available for work and imposed a retroactive disentitlement, a penalty for making false or misleading statements and a notice of violation. The Umpire confirmed that the BOR was justified in fact and in law in concluding that EI must not serve as supplementary income for the claimant as an entrepreneur, and that the business earnings, even though they were not distributed to shareholders, still constituted earnings under the Act. The FCA allowed the judicial review application and restored the penalty and the violation.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
knowingly |
|
|
Summary:
The claimant was director, president and majority shareholder of a business and he operated from his home. He was self-employed, he did not accept any other employment, made no effort to search for employment and spent most of his time on his business. He did not report his earnings from the business because they were used to repay his debt and he did not have wages to report. The Commission concluded that the claimant was not unemployed or available for work and imposed a retroactive disentitlement, a penalty for making false or misleading statements and a notice of violation. The Umpire confirmed that the BOR was justified in fact and in law in concluding that EI must not serve as supplementary income for the claimant as an entrepreneur, and that the business earnings, even though they were not distributed to shareholders, still constituted earnings under the Act. The FCA allowed the judicial review application by the Commission and restored the penalty and the violation
