Summary of Issue: Real Estate Salespersons

Decision 23836 Full Text of Decision 23836

The legislation is clear that the licence must be surrendered, suspended or revoked. A licence which is "shelved", though considered inactive within the real estate community, is still a valid licence. Thus, where the claimant retains the licence, there is no interruption of earnings. Claimant argued that only real estate agents are called upon to surrender, suspend or revoke their licence under the UI Act. No other profession, he maintains, is called upon to do this. He has a point but one that possibly should be taken up with his MP. The jurisprudence, however, is clear.

Decision 19241 Full Text of Decision 19241

Claimant turned over the possession of his licence to his broker whose office had been closed for the winter, but continued to pay monthly dues. "Surrender" implies irrevocability of the action and is indicative of action taken by a public authority.

Decision 12737 Full Text of Decision 12737

Whether an agent or realtor, he could and did sell real estate. CUB 8948 referred to. Under reg. 37(5), so long as one holds a valid licence, he cannot claim benefits. I believe that such a person is not unemployed.

Decision 12345 Full Text of Decision 12345

Claimant was paid 50% of the fees charged out to clients. The Board ruled that he was a person employed pursuant to a contract of service whose earnings consist mainly from commissions. It was a mere method of calculation and not a true commission in the legal sense.

Decision 10230 Full Text of Decision 10230

No interruption of earnings under reg. 37(5) while claimant retains licence. The difficulty with deeming provisions is that, if one's situation corresponds with their premises, they operate according to their tenor, even if it be contrary to actual facts. [p. 8]

Decision 09873 Full Text of Decision 09873

Commission sales realtor who, due to declining sales and income, decided to seek more secure employment. The last day she reported for work was 31-12-82. Under reg. 37(5), no interruption of earnings while a licensed real estate salesperson until 20-4-83.

Decision 08948 Full Text of Decision 08948

Claimant maintained his real estate licence which he was reluctant to give up because he felt he may have to go back and follow some type of course in order to requalify. No discretion by Board under reg. 37(5). No error of fact or law.