Decision 20431

Case Number Claimant Judge Language Decision date
Decision 20431   Reed  English 1991-10-10
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  shareholders 

Summary:

There is no doubt that being a shareholder in a corporation does not, by itself, disentitle one to UI benefits. But if one essentially controls a corporation or is its directing mind, it is reasonable to conclude that that individual is engaged in a business on his own account.


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

Summary:

If a person essentially controls a corporation or is its directing mind, it is reasonable to conclude that that individual is engaged in a business on his own account. One must look behind the corporate nature of the enterprise and consider the reality of the situation. The phrase "on his own account" does not require that the activity has to be undertaken only for the claimant's benefit. Even if it was accepted that he was not in business but working for the corporation, he would be engaged in a co-adventure for the purpose of reg. 43(1)(a).


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  assess credibility  duty 

Summary:

Boards are entitled to draw inferences from facts which are put before them. They also are not required to apply the strict rules of evidence that would pertain in a court of law; a much more informal and flexible approach is allowed.


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