Summary of Issue: Self-Employment

Decision 73665 Full Text of Decision 73665

The claimant is alleged to have been self-employed while receiving benefits. He is alleged to have had gross self-employment earnings of $486,872.00 in his 2004 filed income tax return. During the period from November 16, 2003 to September 4, 2004 he was in receipt of Employment Insurance benefits. I need not confirm, one cannot receive benefits while receiving employment income and earnings. The claimant alleges he made the wrong decision by allowing his name to be used. He further claims no money was directly paid by him in the purchase of the assets; the transaction had to be completed under compulsion of time and he was only accommodating a relative. The Commission submits such a story is not believable. It alleges he was the contact person for the business concerned, he signed and verified all the cheques issued and made the purchase on behalf of the business. This appeal is dismissed. Travail independant

Decision A0630.08 Full Text of Decision A0630.08

In 2005, the claimant was collecting maternity and parental benefits under the EIA. In the same year, the claimant's husband had financial difficulties and in order to assist him, she incorporated a company of which she was sole shareholder and signing officer. The Commission argued that the earnings of the company were earnings from self-employment during the time when the Claimant was collecting maternity and parental leave benefits which resulted in an overpayment. The BOR disagreed and overturned the decision of the Commission because the claimant received no earnings from the company and her husband handled the operation and daily activities of the company. The Umpire agreed with the BOR. The FCA found that the Umpire correctly used the standard of reasonableness in reviewing the decision of the BOR and, further, that the Umpire had not committed a reviewable error.

Decision A0351.08 Full Text of Decision A0351.08

The Umpire had allowed the claimant's appeal from the BOR's decision that the business income she collected in 2002 and 2003 were earnings under section 35 of the EIR and self-employed income under section 36(6) of the EIR. The FCA allowed the AGC's application, concluding that since the claimant had provided no supporting documents clarifying the nature of her earnings and the periods of time when they were received, the Commission and the BOR were reasonable in their conclusions that earnings were received from transactions which occured during the benefit period as per section 36(6) of the EIR.

Decision 74917 Full Text of Decision 74917

The claimant received sickness benefits from March 20, 2005 to June 4, 2005 and then regular benefits up to February 18, 2006. The Commission learned that in 2005 the claimant received income from the operation of a business. The claimant stated that she had a business that opened on April 30, 2005 to which she participated in the daily operation for four hours each day and on weekends. The Commission concluded that the claimant did not show that, were it not for her illness, she would have been available for work because she operated as co-owner. The Commission also found that the claimant did not prove that she was available for work. Moreover, the Commission concluded that the claimant knowingly made false or misleading statements when she failed to report the operation of her business. Since a monetary penalty cannot be imposed more than 36 months from the date of an act or omission, a warning letter and a notice of violation were issued. The appeal by the claimant is dismissed by the Umpire.

Decision 69474 Full Text of Decision 69474

Board of Referees erred by applying the company's previous losses in order to minimize the company's income for the months in which the Commission allocated the claimant's earnings.