Summary of Issue: Professional Field

Decision 40174 Full Text of Decision 40174

Umpire ruled that when one completes the education requirements for admission to a profession and opens an office there is a presumption that he does so with the intention of engaging in, or following, the private pratice of that profession as a principal means of livelihood. This presumption is rebutable if the claimant spent so little time on his private practice that it could be said that his self-employment was minor in extent. Umpire found that it is a border-line case but he concluded that the facts bring claimant within subsection 43(2).

Decision 24462 Full Text of Decision 24462

Opened a small accounting office from 8:00 a.m. to 5:00 p.m. The Commission submits that claimant is engaged in self-employment in his own profession that a person would normally follow as livelihood. He has a lease and fixed monthly expenses and is devoting full-time. The Board erred in law.

Decision 17538 Full Text of Decision 17538

Claimant spent the summer establishing his practice as a lawyer and finding office space. He acted for some clients as a self-employed sole practitioner. This was not temporary work for the summer but he was pursuing the very employment for which trained.

Decision 12915 Full Text of Decision 12915

No doubt that when insured, an accountant, started dealing directly with his own clients he became a self-employed worker engaged in operation of business on his own account within meaning of Reg. 43(1)(a). [p. 7]

Decision 12795 Full Text of Decision 12795

Lawyer starting out, opened one office on 15-5, second on 2-6. While he worked there only 1 to 3 hours per week, his intention and investment and fact that he was talking about a potential third office must be considered. [pp. 7-8]

Decision 11245 Full Text of Decision 11245

Accountant who set up busienss with partner; devoted all his time and effort to building clientele. Not sufficient to be available; must still be unemployed.