Decision A0027.13

Case Number Claimant Judge Language Decision date
Decision A0027.13 Roy  Mainville. Robert M.  French 2014-01-30
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Commission  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  business returns  as income 


The claimant stated that she was self employed and co owner of a canteen. She also stated that she had worked at the canteen in May and June of 2009 and 2011, and that her partner had worked in July and August. However, the financial statements show that both the claimant and her partner received 50% of the canteen’s income, regardless of the period worked. The Commission therefore adjusted the allocation of the claimant’s earnings to include the months of May, June, July and August. This resulted in an overpayment. The BOR allowed the claimant's appeal, stating that the Commission should have allocated the earnings strictly for the months of May and June. The Umpire upheld the BOR’s decision. The FCA determined that, in light of all the facts noted by the BOR and the applicable standard of review in this case, it was not convinced that the Umpire had committed a reviewable error by refusing to intervene with the BOR’s decision. (Similar case: A0028.13)

Date modified: