Decision 36921

Case Number Claimant Judge Language Decision date
Decision 36921   Stevenson  English 1997-02-17
Decision Appealed Appellant Corresponding Case
Allowed  Yes Claimant  -


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

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.**Claimant's wife was sole proprietor. Claimant was not self-employed, operating a business or a partner. He had advanced funds for the security deposit and had personally guaranteed his wife's obligations to her landlord. In the broad sense he was a co-adventurer.**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 ss. 43(2) of the Reg. on the sole basis that he was working gratuitously for his wife.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  principal means of livelihood 

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.


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

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.


Date modified: