Decision A-0361.98
Full Text of Decision A-0361.98
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| week of unemployment |
real estate salespersons |
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Summary:
Claimant worked 10 hours/week as a real estate agent while receiving benefits. He was found not to be unemployed and this decision was upheld by the BOR and the Umpire. According to the FCA, BOR erred in accepting the claimant's testimony that he did only 10 hours of unpaid work and deciding that he could count on this work as a principal means of livelihood. Requirements of subsection 43(2) met and claimant's appeal allowed.
other summary
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| week of unemployment |
minor in extent |
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| week of unemployment |
principal means of livelihood |
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Decision 35761A
Full Text of Decision 35761A
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| week of unemployment |
real estate salespersons |
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Summary:
The fact that a claimant does not earn any money, by itself, does not mean and cannot be taken to mean that a claimant is not working. In the present case, it is obvious that the claimant was working. She may not have received "money" during the November to March period but, as a real estate agent, she was attempting to obtain listings and attempting to find purchasers for these possible listings.
Decision 37491
Full Text of Decision 37491
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| week of unemployment |
real estate salespersons |
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Summary:
Relying on Dubé (CUB 5454) and Jouan (A-366-94), Umpire is unable to conclude that there was evidence before the BOR to support its findings that claimant was self-employed within the meaning of Reg. 43(1). The fact that claimant held a real estate licence is not sufficient in and of itself to support a finding that he was self-employed.
Decision 35919
Full Text of Decision 35919
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| week of unemployment |
real estate salespersons |
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Summary:
Claimant, a real estate salesperson, considered not unemployed within the meaning of s.8 and 10(1) of the Act and par.43(1)(b) of the Reg. Held by Umpire that commission salespersons in control of their working hours are deemed to be working a full weekand cannot be considered unemployed.
other summary
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| week of unemployment |
commission salespersons |
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Decision 27600
Full Text of Decision 27600
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| week of unemployment |
real estate salespersons |
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Summary:
The Board held that, in order to be unemployed, claimant must have had an interruption of earnings by having her real estate license revoked, suspended or surrendered. This proposition is too widely stated. The existence of a license is merely one of the factors, not the sole criterion.
other summary
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| week of unemployment |
availability for work |
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Decision A-0058.94
Full Text of Decision A-0058.94
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| week of unemployment |
real estate salespersons |
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Summary:
To conclude, as the Board and the Umpire did, that the profession of real estate agent paid by commission should be excluded from the exception provision of ss. 43(2) of the Reg., even if such employment is minor in extent, goes against the provisions of this Regulation.
Admittedly, it is more difficult to rebut the presumption of ss. 43(1) of the Reg. in the case of a person registered and working as a real estate agent. However, the interpretation of ss. 43(2) of the Reg. could not imply that the said employment is necessarily or automatically excluded therefrom.
Those tests (6 described in CUB 5454) are much more suitable in the case of a claimant who is operating his own business than for the employee who determines his own working hours. However, three of those tests, namely the 1st, the 5th and the 6th remain useful.
other summary
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| week of unemployment |
minor in extent |
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Decision 23879
Full Text of Decision 23879
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| week of unemployment |
real estate salespersons |
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Summary:
Refer to: A-0058.94
other summary
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| week of unemployment |
minor in extent |
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Decision 23605
Full Text of Decision 23605
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| week of unemployment |
real estate salespersons |
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Summary:
Jurisprudence examined with respect to the period of time, frequently without earnings, at the beginning of an employment in real estate and as to whether a person, not the individual claimant, would follow it as a principal means of livelihood.
Decision 22862
Full Text of Decision 22862
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| week of unemployment |
real estate salespersons |
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Summary:
Real estate agent; UIC erred in basing its decision on ss. 44(1), rather than para. 43(1)(b). DOMINIQUE explained. It is unacceptable that UIC would give the claimant a notice citing s. 44 and subsequently indicate, in its submissions to the Board, that it was a case of application of ss. 43(1).
other summary
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| penalties |
real estate salespersons |
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| board of referees |
issue not recognized |
decision not to reconsider |
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Decision 21583
Full Text of Decision 21583
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| week of unemployment |
real estate salespersons |
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Summary:
There is no question in law that the mere securing of a real estate license is not a bar to receiving UI. This is accepted law (CUB 6814). The Board is required to look beyond the license to claimant's course of conduct and determine whether it is minor in extent under 43(2).
Decision 19767
Full Text of Decision 19767
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| week of unemployment |
real estate salespersons |
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Summary:
It is argued that the special provision of the regulations applying to workers who control their own working hours is in breach of the Charter, that only salesmen working on commission get this kind of discriminatory treatment. Argument dismissed.
Decision 19762
Full Text of Decision 19762
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| week of unemployment |
real estate salespersons |
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Summary:
Very difficult to accept this claim: that soliciting individuals or business concerns to sell real estate constitutes a job search. That is really the work of a realtor, one of the main activities of a realtor.
Decision 17894
Full Text of Decision 17894
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| week of unemployment |
real estate salespersons |
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Summary:
Claimant says he only worked part-time (evenings, all day Saturday and part of Sunday). Assuming this to be correct, I am not satisfied this is not part-time work. I would believe that a real estate agent would do his work in evenings and weekends when purchasers are available.
Decision 15556
Full Text of Decision 15556
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| week of unemployment |
real estate salespersons |
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Summary:
Permit dated 8-1 which was issued to the insured person only on 18-2. Analyze the term "delivered", as contained in the Quebec Real Estate Brokerage Act. Unemployed until 18-2.
other summary
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| board of referees |
rules of construction |
official wordings differ |
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Decision 15291
Full Text of Decision 15291
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| week of unemployment |
real estate salespersons |
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Summary:
Hired 2-7 and as of 4-11, claimant had not secured any listings or finalized any sales. This is not relevant. The fact he invested time and money in a real estate course and obtained a license indicates that he regarded the job as significant. Employer confirmed it was full-time.
other summary
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| week of unemployment |
partial working week |
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Decision 14382
Full Text of Decision 14382
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| week of unemployment |
real estate salespersons |
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Summary:
With respect to the fact that as a commission saleswoman claimant received no money in first few weeks, this is irrelevant if engaged full-time. Similar to any person who starts up any kind of business: the fact it is not profitable is of no help.
other summary
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| week of unemployment |
rationale |
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| penalties |
courses of study |
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| board of referees |
right to be heard |
improper hearing |
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Decision 13324
Full Text of Decision 13324
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| week of unemployment |
real estate salespersons |
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Summary:
The fact that she earned nothing from Jan. to April does not change the fact that she was working full-time. Issue to be considered is unemployment, not earnings. Benefit not intended for people who work full-time as self-employed workers.
Decision 13174
Full Text of Decision 13174
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| week of unemployment |
real estate salespersons |
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Summary:
According to the Board, the time spent working was relatively small but this was by the claimant's own choice. Whether such employment can be treated as full-time is irrelevant. The question is whether it was minor in extent. [p. 8]
other summary
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| week of unemployment |
control of working hours |
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Decision 11317A
Full Text of Decision 11317A
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| week of unemployment |
real estate salespersons |
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Summary:
Persons engaged in selling real estate are to be treated as anyone else under the Act and Reg. (apart from reg. 37(5.1) which applies to another context)
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| board of referees |
observations from the Commission |
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| board of referees |
hearings |
tape-recording |
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Decision 13038
Full Text of Decision 13038
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| week of unemployment |
real estate salespersons |
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Summary:
Worked part-time and received no income; still disentitled because of 43(1)(b); retroactive effect.
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| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
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| reconsideration of claim |
factual cases |
weeks of unemployment |
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Decision 13045
Full Text of Decision 13045
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| week of unemployment |
real estate salespersons |
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Summary:
Obtained licence on Dec. 18, made first sale on March 11 and received commission in May; not unemployed since Dec. 18.
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| reconsideration of claim |
authority to review |
new facts vs reconsideration |
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Decision 13003
Full Text of Decision 13003
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| week of unemployment |
real estate salespersons |
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Summary:
Working 60 hours a week but no income from 24-3 when she began until June. This subject has been canvassed so often that there is really no necessity to cite authorities: income is not essential from employment. Claimant must prove she was unemployed.
other summary
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| availability for work |
courses |
presumption |
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Decision 12820
Full Text of Decision 12820
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| week of unemployment |
real estate salespersons |
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Summary:
Working part-time and had informed the Commission from the beginning: that he spent 2 to 3 hours a day involved with the real estate work but continued to seek full-time work in his profession. Very extensive job search.
Decision 12768
Full Text of Decision 12768
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| week of unemployment |
real estate salespersons |
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Summary:
Case from B.C. The mere fact that an individual retains a real estate licence does not automatically mean he is self-employed. It is possible to hold a licence and not make use of it.
Decision 12705
Full Text of Decision 12705
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| week of unemployment |
real estate salespersons |
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Summary:
Worked full working days, 5 days a week, starting 1-5. No sales were made until the end of July and a commission was not received until deal closed in Sept. The fact that remuneration was not immediately available is not the determining factor.
Decision 12687
Full Text of Decision 12687
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| week of unemployment |
real estate salespersons |
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Summary:
The criterion is not the earning of but rather the control of working hours and the fact that it inhibits one from seeking employment. Looking for work is a full-time job.
Decision 12333
Full Text of Decision 12333
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| week of unemployment |
real estate salespersons |
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Summary:
Because he admitted having devoted every day of the week to his work, it was not sufficient for him to establish that he had made no sales and received no remuneration.
Decision 12120
Full Text of Decision 12120
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| week of unemployment |
real estate salespersons |
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Summary:
Working full-time but no commissions received during first months. A claimant may be considered to be working a full working week even though he does not receive any remuneration. The receipt of pay is not determinative. It is merely a factor to consider. [p. 5]
Decision 11814
Full Text of Decision 11814
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| week of unemployment |
real estate salespersons |
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Summary:
One concedes that not much real estate is sold over the Christmas period but that time can be put to good use reading, talking to agents, attending meetings... Lack of money from commission not a determining factor.
other summary
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| basic concepts |
eligibility to benefits |
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Decision 11658
Full Text of Decision 11658
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| week of unemployment |
real estate salespersons |
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Summary:
Holding a real estate licence is not sufficient to conclude that claimant was employed and not available, nor is the fact that he receive no pay conclusive that he was unemployed.
other summary
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| availability for work |
courses |
presumption |
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Decision 11299
Full Text of Decision 11299
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| week of unemployment |
real estate salespersons |
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Summary:
Clear that the Board relied on reg. 37(5)(a) dealing with the situation where a person employed in real estate is deemed not to have an interruption of earnings. All agreed that this was not the correct reg. but instead reg. 43 applies.
Decision 11232
Full Text of Decision 11232
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| week of unemployment |
real estate salespersons |
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Summary:
Denial not unique in UI cases. Statute imposes fairly hard conditions. If not met, disentitlement follows. Often dealing with claimants who, though working but earnings based on sales, experience difficulties making ends meet. Decision appears unfair.
other summary
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| board of referees |
jurisdiction |
priority of law |
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Decision 10653
Full Text of Decision 10653
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| week of unemployment |
real estate salespersons |
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Summary:
The question is whether claimant actively engaged in real estate such as training sessions, seeking of listings, showing of properties, etc. (regardless of whether commissions received) or whether only nominally associated with firm and seeking other work.
Decision 10036
Full Text of Decision 10036
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| week of unemployment |
real estate salespersons |
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Summary:
Held licence from 6-4-81 to 12-2-82; made 3 sales. Available every day, seeking employment. Plain that not working in real estate, spent little time on it and had no intention of doing it. Unemployed despite provisions on brokering in Quebec.
Decision 10057
Full Text of Decision 10057
summary
| Issue: |
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| week of unemployment |
real estate salespersons |
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Summary:
Insured registered with real estate agency solely to retain licence. Not working in real estate, employment minor in extent and had no intention of doing it. Unemployed despite provisions of Brokerage Act in Quebec.
