Decision 14085

Case Number Claimant Judge Language Decision date
Decision 14085   Joyal  French 1987-09-14
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  co-adventure 

Summary:

Is co-adventurer by reason of 60% ownership of shares of agricultural company. He was person who invested funds and provided for other financial needs.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  corporate veil 

Summary:

Held 60% of shares, wife held rest. Co-adventurer. Under Regs. 43 and 57 can pierce corporate veil and eliminate technicalities of corporate law that makes a company a separate legal person from its shareholders.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  income  in kind 

Summary:

Cites Reg. 57(11). As owner of 60% of shares, he had benefit of dividends, salary, bonus or increase in his company's own assets through accumulation of undistributed profits.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  farming  definition 

Summary:

Raising chickens and producing eggs is farming operation according to Office du crédit agricole. Can look to definition in Reg. 16(2)(g) even though for other purposes. Farming takes in more than clearing land.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  farming  calculation of income 

Summary:

Formula adopted is not to calculate net income of farming operation, but to impose lump sum formula fixing income at 35% of gross income.


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