Decision 68150
Full Text of Decision 68150
summary
| Issue: |
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| week of unemployment |
work without earnings |
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Summary:
Over a period that extended for several weeks, the claimant neglected to report his self-employment when he knew he had to do so. His only explanation was that he needed his benefits as his business was providing him with no income at the time. This does not constitute an acceptable explanation for his failure to report his self-employment. The Commission took into consideration all the relevant facts and circumstances in imposing the penalty at 50% of the amount of the overpayment resulting from the claimant's failure to report his self-employment.
Decision A-0427.99
Full Text of Decision A-0427.99
summary
| Issue: |
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Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
Claimant is a co-founder and employee of a visually impaired association. Because of financial difficulties, the Association stopped paying the claimant but she continued to work. She was considered not unemployed. BOR concluded that she had a vested financial interest in that she was safeguarding and maintaining her future employment with the Association. Umpire ruled that it was community work with no empoyee-employer relationship and allowed the claimant's appeal. Held by the Court that the umpire had substituted his own finding of fact in place of the BOR's finding.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
benevolent work |
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Decision 44889
Full Text of Decision 44889
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
See summary indexed under FCA A-0427.99
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
benevolent work |
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Decision A-0105.98
Full Text of Decision A-0105.98
summary
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| week of unemployment |
work without earnings |
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Summary:
Claimant was paid for 10 weeks, and for the remainder of the year she worked as a volunteer while collecting benefits. FCA upheld the Umpire's decision that the claimant's work was not entirely unselfish since she had always been rehired by the community television station after her so-called volunteer period.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
benevolent work |
|
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| basic concepts |
insurability |
jurisdiction |
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Decision 40261
Full Text of Decision 40261
summary
| Issue: |
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| week of unemployment |
work without earnings |
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Summary:
Clmt earned no commission for the first month of employment as a salesman. Clmt identifies unemployment with lack of earnings or income. Lack of earnings does not establish unemployment. A clmt while employed is not eligible for benefitsand failure to generate income while employed does not for that reason qualify a clmt for benefits.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
purpose of ui system |
|
| week of unemployment |
commission salespersons |
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Decision A-0245.97
Full Text of Decision A-0245.97
summary
| Issue: |
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| week of unemployment |
work without earnings |
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Summary:
Claimant worked in his wife's restaurant from 6:00 p.m. to 1:00 a.m., seven days a week. He didn't receive any remuneration for that work. FCA found that the Umpire didn't give full effect to the Jouan decison when he concluded that because claimant worked gratuitously to assist his spouse, his employment was minor in extent. Court concluded that when applying the Jouan analysis to this case the evidence shows that claimant's involvement in the business was not so minor in extent that one would not normally follow it as a principal means of livelihood.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
principal means of livelihood |
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| week of unemployment |
minor in extent |
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Decision 36921
Full Text of Decision 36921
summary
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| week of unemployment |
work without earnings |
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Summary:
A person, albeit a co-adventurer, who works gratuitously in an effort to assist a spouse, another family member, or a friend, to establish or maintain a business venture can hardly be said to be employed to an extent that he or she would normally follow that employment as a principal means of livelihood.**N.B. Commission appealed this case to the FCA since the Umpire erred in fact and in law. Evidence shows that claimant devoted 49 hrs a week to the business in which he was co-adventurer, he therefore cannot benefit from s. 43(2) of the Reg. on the sole basis that he was working gratuitously for his wife.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
co-adventure |
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| week of unemployment |
principal means of livelihood |
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Decision 32650
Full Text of Decision 32650
summary
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| week of unemployment |
work without earnings |
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Summary:
According to Laprise (A-1009-90), which in turn is based on the ruling in Bérubé (A-986-88), work cannot be defined as volunteer work when it has been demonstrated that the worker derived, or hoped to derive, some advantage or profit from the work. Volunteer work implies disinterest.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
benevolent work |
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Decision 27230
Full Text of Decision 27230
summary
| Issue: |
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Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
Refer to: A-0274.95
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
purpose of ui system |
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Decision A-0274.95
Full Text of Decision A-0274.95
summary
| Issue: |
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| week of unemployment |
work without earnings |
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Summary:
Company in financial difficulties while awaiting government grants. BÉRUBÉ quoted. The claimant worked without pay, with the agreement that he would resume his employment in the future. He thus hoped to obtain a benefit in the form of paid employment. Upheld by FCA.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
purpose of ui system |
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Decision 25455
Full Text of Decision 25455
summary
| Issue: |
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| week of unemployment |
work without earnings |
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Summary:
CEIC's argument: performing services which are generally performed for remuneration. Most unusual to work full weeks for a long time for a profit-making enterprise without pay. In the same position as one who is paid. This is a very clear case of a claimant not unemployed and not entitled to UI.
Decision 22668
Full Text of Decision 22668
summary
| Issue: |
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| week of unemployment |
work without earnings |
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Summary:
Claimant worked in his wife's business. She had no experience in the field. The evidence on the record amply shows that he wished to benefit from the success of the business and hoped to derive a benefit or profit from his unpaid work. According to BÉRUBÉ, EIC was justified in proceeding under ss. 44(1).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
authority to review |
time limitation |
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Decision 21195A
Full Text of Decision 21195A
summary
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| week of unemployment |
work without earnings |
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Summary:
Law student who, being unable to find a remunerated articling position, accepted to work as a volunteer at a legal aid clinic in order to comply with the requirement of the Law Society of Upper Canada. Required to work 35 hours weekly.
Decision 21371
Full Text of Decision 21371
summary
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| week of unemployment |
work without earnings |
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Summary:
Quitte son emploi chaque année en mai afin d'aller travailler bénévolement pour la ferme Ste-Thérèse dans le cadre du groupement «Penseurs du 20e siècle», faisant du «travail d'aide» contre logement et une partie de sa nourriture. Reprend ensuite son emploi. Non en chômage.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
benevolent work |
|
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Decision 20401
Full Text of Decision 20401
summary
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| week of unemployment |
work without earnings |
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Summary:
There are 4 indicia of an employment relationship: (1) the employer's power of selection of his employee; (2) the payment of wages or other remuneration; (3) the employer's right to control the method of doing the work; and (4) the employer's right of suspension or dismissal.
While it may be necessary to find a promise of eventual reward (remuneration) in order to have an employment relationship, as was held in BERUBE, a promise of reward or advantage alone is not enough to establish an employment relationship.
other summary
| Other Issue(s): |
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| umpires |
jurisdiction |
evidence new |
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| interruption of earnings |
conditions required |
7 days without work |
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Decision 19982
Full Text of Decision 19982
summary
| Issue: |
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| week of unemployment |
work without earnings |
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Summary:
University research fellow who worked 2 weeks full time believing mistakingly he would eventually be remunerated. Reg. 44 applies, not 43(1)(b). Was not holding a job: was without contract and without pay. Refer to BÉRUBÉ: no employer/employee relationship.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
control of working hours |
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Decision A-0625.90
Full Text of Decision A-0625.90
summary
| Issue: |
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| week of unemployment |
work without earnings |
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Summary:
Worker in Job Development Program laid off 20-1-89 when her 9-month contract expired. Did volunteer work 21-1-89 without pay. Rehired to work 1 day a week commencing 27-1-89. By holding that she did not "work" on 21-1-89 within s. 37, the Umpire committed no reviewable error.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
rehired within 7 days |
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Decision 18250
Full Text of Decision 18250
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
Refer to: A-0625.90
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
rehired within 7 days |
|
Decision A-0559.89
Full Text of Decision A-0559.89
summary
| Issue: |
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| week of unemployment |
work without earnings |
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Summary:
Lutheran Pastor who works without salary for part of the year. Under ss. 10(2) a contract continues and claimant is not unemployed if he receives his usual remuneration. This condition is not satisfied and contract not continuing. This Umpire's judgment quashed by FC.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
charter |
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| interruption of earnings |
conditions required |
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| interruption of earnings |
conditions required |
non-monetary income |
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| interruption of earnings |
conditions required |
7 days without work |
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| interruption of earnings |
layoff or separation |
requirement |
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Decision 17293
Full Text of Decision 17293
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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|
Summary:
Refer to: A-0559.89
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
charter |
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| interruption of earnings |
conditions required |
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| interruption of earnings |
conditions required |
non-monetary income |
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| interruption of earnings |
conditions required |
7 days without work |
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| interruption of earnings |
layoff or separation |
requirement |
|
Decision 18152
Full Text of Decision 18152
summary
| Issue: |
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Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
Counsel assumed that as claimant was earning no money from his business he would be entitled to UI and it was irrelevant whether he worked or not. That is clearly not the case. A claimant who is working is not unemployed, and a person who is not unemployed is not entitled to UI.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
business |
|
|
Decision 18111
Full Text of Decision 18111
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
The Court of Appeal indicated recently that there are 2 methods of determining a claimant to be "not unemployed". The Board must find either that he was self-employed, or that he was an employee. To be an employee requires some form of remuneration. SeeBERUBE.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
minor in extent |
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| week of unemployment |
preparatory activities in commencing business |
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| reconsideration of claim |
overpayment |
time limitation for recovery |
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Decision 18082
Full Text of Decision 18082
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
While the burden is on claimant to demonstrate he is unemployed, unless the CEIC can establish that he is receiving some form of remuneration for the time and work he has undertaken in his wife's store, or that he is self-employed, it cannot assert thathe was "not unemployed".
Worked full-time in wife's store. Reg. 44 applied. He was working without pay and could not be deemed to have been employed by her. The fact that he was occupied full-time in volunteer work may be relevant on the issue of availability but not relevant to his employment status.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
business of a spouse |
|
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| week of unemployment |
proof |
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| claim procedure |
proof required for entitlement |
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Decision 18083
Full Text of Decision 18083
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
No evidence here of remuneration, a necessary element of an employment relationship. That relationship is essential for the application of reg. 44. Both the Board and the Commission failed to distinguish the situations of self-employment from those of employment by another.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
business of a spouse |
|
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| board of referees |
issue not recognized |
error by board |
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Decision 15699
Full Text of Decision 15699
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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|
Summary:
Refer to: A-0986.88
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
friends or relatives |
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Decision A-0986.88
Full Text of Decision A-0986.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
Claimant worked 50 hours a week in mother's snack bar. Mother and claimant's girlfriend also worked there. A claimant really providing benevolent services does not work within the meaning of ss. 10(1). The essential condition for s. 44 to apply is the existence of an employer-employee relationship, and the fact that a worker receives or expects to receive a benefit of some kind for his work is at the very basis of this relationship. One of the main questions at issue was precisely whether or not the work performed by claimant was really benevolent, i.e. whether he really did not expect to receive any pecuniary advantage. Not considered work under ss. 10(1) if work is really benevolent in nature.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
friends or relatives |
|
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| week of unemployment |
benevolent work |
|
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Decision 17124
Full Text of Decision 17124
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
A logger who sold his skidder, worked for 10 weeks receiving a wage from the owner and then another 8 weeks for which he received no wage because of machinery problems. The precedents are consistent: someone can hold down a job even if he does so without payment. See SAMSON.
Decision 15708
Full Text of Decision 15708
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
Reg. 44(1) quoted. A full working week connotes a week for which wages are paid or, at least, a week in which a clt works for his own material benefit and is not free to work for another, without affecting that relationship.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
training |
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Decision 14769
Full Text of Decision 14769
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
The insured worked in a rooming house for seniors and received rent and food for herself and her family. She was indeed employed in exchange for non-pecuniary remuneration. The absence of a salary does not create eligibility.
Decision 14358
Full Text of Decision 14358
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
Unpaid full-time articling position in law office where he was accepted solely to allow him to complete his studies. Not the purpose of UI to subsidize this type of situation.
Decision 14099
Full Text of Decision 14099
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
Worked as truck driver 4 weeks without remuneration while a supervisor accompanied him to determine his capabilities. I am of the view that the suspension can be maintained for non-availability. A determination under Reg. 43(1) and 44 would have been a more precise approach.
Decision 14072
Full Text of Decision 14072
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
For 3 months the claimant worked full weeks without pay for a business, or at least worked there regularly [no other details]. Board dismissed appeal. Nothing on which I could intervene.
Decision 12257
Full Text of Decision 12257
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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Summary:
Laid off but continued to perform work as manager without pay. Contrary to ST-PIERRE, not working the same amount as before. His allegation that his first and main objective during time spent at the office was to seek work is borne out by extensive job list.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
applicability |
|
|
| umpires |
jurisdiction |
question not at issue |
|
Decision 11084
Full Text of Decision 11084
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
|
|
Summary:
Refer to: A-0802.85
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
business of a relative |
|
|
| week of unemployment |
meaning of working |
|
|
Decision A-0802.85
Full Text of Decision A-0802.85
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
|
|
Summary:
Where there is no question of self-employment, the test in CUB 5560 is correct: to be deemed to have worked for an employer, an employer-employee relationship is essential and this implies remuneration, direct or indirect, immediate or eventual, said the Umpire. FC substantially in agreement.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
business of a relative |
|
|
| week of unemployment |
meaning of working |
|
|
Decision 10782
Full Text of Decision 10782
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
|
|
Summary:
Contract to purchase franchise on 5-1. Practical training given by third party for 3 months. No obligation to be there on time but that is what he did. Not paid. Held position similar to those in field.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
|
|
| board of referees |
weight of statements |
not signed |
|
| board of referees |
weight of statements |
contradictory |
|
Decision 10565
Full Text of Decision 10565
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
|
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Summary:
Doctor serving his internship under contract with hospital for 1 year and is obligated to work normal hours (in excess of 40 a week). He is paid almost nothing, a meal allowance of $30 a month. One may receive meager or no remuneration but still be employed.
Decision 10158
Full Text of Decision 10158
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
|
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Summary:
Did not prove unemployment or availability for periods with no earnings. Full-time manager on project at Corporation de l'observatoire. Sometimes paid, sometimes not.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
|
|
Decision A-1239.82
Full Text of Decision A-1239.82
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
|
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Summary:
[According to the Umpire, claimant was unemployed even though he worked the full week at his brother's new gas station: he did it in the evening without any pay in the hope of creating a job for himself.] Decision of board not vitiated by any of the errors in 95.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
natural justice and error in law or in fact |
|
Decision 09342
Full Text of Decision 09342
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
|
|
Summary:
Claimant took a non-paid volunteer internship in a teaching hospital (North York Branson Hospital in Toronto). It was argued that this was not employment, that this was a course of training as a means to obtain employment. Found not unemployed and not available.
Decision A-0400.74
Full Text of Decision A-0400.74
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
|
|
Summary:
A person works a full working week according to s. 21 if, after the interruption in earnings, the person continues to do the same kind and amount of work for the same employer as he or she did as an employee, even if the person is no longer being paid.
