Decision 72138
Full Text of Decision 72138
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
The claimant failed to prove he was unemployed and available for work: availability under S. 18 of the ACT. The BOR also finds as fact that although the claimant states that he did not help in setting up the business, nor help with the cleaning and the painting during business hours Monday to Friday we do not finds this credible. Also, that it is not reasonable to invest such a huge amount of money into a business, and then rely on someone else to oversee the business, while the claimant would continue to look for work. The Board finds as fact that the claimant was spending time and energy setting up his business to be self employed and this was his main intention. The BOR also finds that the claimant conducted a minimal job search. The Umpire confirms the BOR decision and the appeal of the claimant is dismissed.
other summary
| Other Issue(s): |
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| availability for work |
job search |
number of contacts |
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| availability for work |
various activities |
setting up a business |
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| week of unemployment |
availability for work |
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Decision 67741
Full Text of Decision 67741
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
The Board ignored all the evidence with respect to the claimant's circumstances. She was spending her time setting up her daycare and trying to ensure its success. She indicated that she did not look for other employment during the period at issue. The claimant thus did not show that she was unemployed, under section 30 of the Regulations.
Decision 66820
Full Text of Decision 66820
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| Issue: |
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
The claimant admitted that during the period relevant to his appeal, his intention had been to build up his legal practice as a self-employed worker, and that he had not sought other employment. On the other hand, he stated that he would have accepted any good job offered to him, but confirmed that after he opened his law office, he concentrated on finding clients. He submitted that the Employment Insurance system should provide temporary assistance to people during the difficult period while they were establishing self-employment, as in his case.
Decision 42381
Full Text of Decision 42381
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
Clmt contends that steps taken prior to the opening of the business were devoted to establishing the business, not operating it. Jurisprudence supports that preparatory activities can fall within the concept "engaged in the operations of a business".
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| week of unemployment |
minor in extent |
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| week of unemployment |
principal means of livelihood |
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Decision A-0977.96
Full Text of Decision A-0977.96
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
As the crab fishery got closer, the claimant spent more time on the repairs to his ship. Umpire found that the claimant was self-employed in fishing and spending a considerable amount of time on the ship's repairs. Referring to Jouan (A-366-94) and Taschuk (A-616-95), the FCA reaffirmed the principle that preliminary steps taken by a claimant to start up a business are to be taken into account in determining whether the ss.43(2) exception applies.
other summary
| Other Issue(s): |
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| fishing |
week of unemployment |
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Decision 38011
Full Text of Decision 38011
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
Claimant took positive steps in January and February, and which incidentally he also advertised, to establish his business and that is part of the reason he cannot receive benefits because it is well known that one cannot receive benefits while establishing his business, and that is what the claimant has done.
Decision 34315
Full Text of Decision 34315
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
There is a great deal of consistent jurisprudence to the effect that a person who devotes time to starting up a business, in fact devoting most of his time to it - since time is the most important factor - deprives himself of benefits, because he is no longer unemployed.
Decision A-0616.95
Full Text of Decision A-0616.95
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
While receiving benefits, the claimant averaged 25 hours of work per week developing the company and in the remainder time carried on a job search, of which he kept no record. The BOR made findings to the effect that the claimant's involvement in the taking of preparatory steps to starting his company was not "so minor" but decision reversed by Umpire. Referring to its decision in Jouan (A-366-94), the FCA ruled that the Umpire had erred in disturbing these findings and returned the case for redetermination.
Decision 28870
Full Text of Decision 28870
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
CUB 14752 quoted with approval. I consider that the Board made an error in law when it concluded that the claimant was considered as employed when in fact all he was doing was taking preliminary steps in starting a business.
Decision 22051B
Full Text of Decision 22051B
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
I have considered CUB 11174. This constitutes a departure from previous jurisprudence which has consistently held that time spent in preparation for a business to become a principal livelihood cannot come within "minor in extent". With respect therefore, I would not apply that decision to this case.
Decision 20978
Full Text of Decision 20978
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
He alleges that because of the fact the opening date of the business was only 1-7-89, non-eligibility should be effective only from that date on and not approximately five months earlier. I cannot accept that argument; he worked 35 hours a week doing renovations.
Decision 16739A
Full Text of Decision 16739A
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
The claimant wishes to have disentitlement of 25-1-87 cancelled on the grounds that his business opened officially only on 18-3-87. While it is true that the opening took place only on that date, the fact remains that as from 1-87 he devoted most of his time to it.
Decision 18479
Full Text of Decision 18479
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
It is not disputed that time spent in getting a business ready for operation is to be considered full-time employment for the purposes of the Act and Regulations. Claimant was involved in the construction of his fish and chip stand all day, 7 days a week.
Decision 18279
Full Text of Decision 18279
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
There is pertinent evidence that the claimant wished to create an employment for herself. Her efforts to create such an employment, which is in the nature of self-employment, should be viewed in the same light as the efforts of any claimant to obtain suitable employment.
other summary
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| penalties |
knowingly |
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| availability for work |
various activities |
setting up a business |
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Decision 18111
Full Text of Decision 18111
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
It was urged that all activities that took place "were preparatory to the commencement of a business and as such did not constitute self-employment": securing funding and ordering supplies. The Board ruled that it was full-time employment. No basis for Umpire to intervene.
other summary
| Other Issue(s): |
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| week of unemployment |
work without earnings |
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| week of unemployment |
minor in extent |
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| reconsideration of claim |
overpayment |
time limitation for recovery |
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Decision 17789
Full Text of Decision 17789
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
The report clearly establishes that at the time of the interview, the business was not yet in operation. Until then, the insured person had taken steps to set up the business. Therefore, this could not be in operation in accordance with Reg. 43(1)(a) but rather availability.
Decision 16816
Full Text of Decision 16816
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
It was open to the Board to conclude that claimant had been employed in his business for some weeks before the doors opened to the public. To be self-employed under reg. 43 does not require that the business actually be in operation or that money be received.
Decision 15923
Full Text of Decision 15923
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
Seriously involved in research to determine if he can successfully open a rubber and plastics recycling plant. He devoted a considerable amount of his time to research and development and must be regarded as having worked full working weeks.
other summary
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| board of referees |
issue not recognized |
error by board |
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| board of referees |
errors in law |
decision incomplete |
principal means of livelihood |
Decision 14752
Full Text of Decision 14752
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
Construction of a building on 14-2, beginning of operations in late June. Preliminary steps are not part of the operation according to the dictionary. Business operated in accordance with Reg. 43 from the point where it provides the public with the services for which it was created.
Having decided that the insured was not unemployed because he was operating a business at a time when this business was not yet established, rather than refer to non-availability, CEIC has committed an error in law endorsed by the board.
other summary
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| board of referees |
errors in law |
issue not recognized |
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Decision 14373
Full Text of Decision 14373
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
From 3-2 to 15-3, insured worked 3 to 5 hours per day doing renovations to premises and preparing for opening. $80,000 investment. No job search. Opened in mid-March.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| week of unemployment |
minor in extent |
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Decision 14208
Full Text of Decision 14208
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
If time devoted to setting up public relations business was so minor in extent, he could have continued his work as news reporter. Since his hours were flexible he would have had ample time... The fact that time devoted was minor does not qualify him.
Decision 13785
Full Text of Decision 13785
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
Premises leased 1-10. Business incorporated 18-10. Premises had to be cleaned, painted etc. Equipment and supplies to be purchased. Opening butcher shop 4-11. No doubt that during October the claimant was in business [p. 3] but it was minor in extent.
Decision 13709
Full Text of Decision 13709
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
Spent 40 hours a week in design work for 10 weeks. If not engaged in the operation of a business, as contended by claimant, then he would come within 43(1)(b) as he certainly controlled his working hours.
Decision 13310
Full Text of Decision 13310
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
According to case law, preparation is equivalent to actual operation of business, if most of one's time is devoted to it, even where no earnings derived. [cited out of context in case relating to availability]
Decision 11807A
Full Text of Decision 11807A
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| Issue: |
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
Period preceding opening cannot be considered same as operation of business; business not being operated until when it supplies services to target public; availability is what must be examined.
other summary
| Other Issue(s): |
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| week of unemployment |
availability for work |
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| availability for work |
various activities |
setting up a business |
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Decision 13060
Full Text of Decision 13060
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
Purpose of Act: serious efforts made by claimant to operate business perfectly commendable; however, contrary to objects of Act which are to seek employment or ...
Decision 13018
Full Text of Decision 13018
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
Claimant spent 30 hours a week seeking representation to sell product lines. CUB 7651 referred to. This business was the search vehicle for pursuing the path to employment. The venture itself was a total failure.
Decision 12977
Full Text of Decision 12977
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
Involved in repairs, acquisition of equipment and machinery. There is ample authority to say that the period used in setting up business is one in which one is engaged in the operation of a business under 43(1)(a). There need not be an income.
Decision 12976
Full Text of Decision 12976
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| Issue: |
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
Building leased 15-9, equipment purchased, substantial investment, actively engaged in setting up business which went into production early Dec. No job search. Engaged in the operation... This is not altered by time spent in setting up and no pay.
Decision 12835
Full Text of Decision 12835
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| Issue: |
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
It is absolutely clear that it is not the purpose of UI to serve as a subsidy for the risks inherent in starting up a business enterprise.
Decision 11796
Full Text of Decision 11796
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
Purchased business and then worked 3 35-hour weeks with former owner to learn. Reg. 44. Cited CUB-11084. No earnings, and since it was his own choice, he was not "working". On contrary: decision he was not available correct.
Decision 11359
Full Text of Decision 11359
summary
| Issue: |
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
The Board found claimant not available. His new venture was sufficient to take him out of the job market. Though he may say he was available if an opportunity had arisen, he appeared to be more preoccupied with the project than making any effort to search for employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| availability for work |
various activities |
setting up a business |
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Decision 11268
Full Text of Decision 11268
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| Issue: |
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
He devoted much time and energy [60 hours a week] in attempting to obtain a contract for the building of a rubber recycling plant. No contract obtained. No earnings. The 6 factors listed in CUB 5454 examined.
Decision A-0107.77
Full Text of Decision A-0107.77
summary
| Issue: |
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| week of unemployment |
preparatory activities in commencing business |
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Summary:
The insured worked building and upgrading a garage that he intended to operate in the fall. From 4-5 to 15-10, in addition to preparing for the opening, he did repairs and sold scrap iron. Application for review dismissed by the FC.
