Decision 18111

Case Number Claimant Judge Language Decision date
Decision 18111   MacKay  English 1990-06-13
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  work without earnings 

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.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  minor in extent 

Summary:

Time is not the only factor to be considered though it is perhaps the most important. Others are: the amount of capital invested, the consequences of success or failure, the continuity of the business, the nature of the business as compared to claimant's training, and job search.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  preparatory activities in commencing business 

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.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  overpayment  time limitation for recovery 

Summary:

In the normal course the Commission would be precluded from requiring recovery of the overpayment, of which notice was given in 10-86, because of the passage of time. Nevertheless, claimant has conceded this matter when heard in 3-89. This may provide abasis for recovery.


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