Canada ( Attorney General ) v. Jouan
A-366-94
Marceau J.A.
23/1/95
7 pp.
Judicial review of Umpire's decision reinstating respondent's right to receive benefits -- On loss of employment as flight engineer in April 1992 respondent receiving unemployment insurance benefits -- In July investing large sum of money to purchase lawn care business -- Spending 50 hours per week running business, intending it to eventually be principal means of livelihood -- Commission, Board of Referees holding disentitled to benefits because self-employed -- Umpire holding Board not having regard to: (1) efforts to seek employment as aircraft mechanic; (2) seasonal nature of business which did not generate sufficient cash to allow respondent to draw income first season; (3) respondent only spending time managing business because little else to do -- Unemployment Insurance Act, s. 10 defining week of unemployment as week in which not working full working week -- Unemployment Insurance Regulations, s. 43(1)(a) providing person engaged in operation of business on own account regarded as working full working week -- S. 43(2) providing where employment so minor in extent that person would not normally follow it as principal means of livelihood, shall not be regarded as working full working week -- Application allowed -- S. 43(2) exemption not applicable -- Whether employment "so minor in extent" requiring consideration of time spent, capital and resources invested, financial success or failure of enterprise, continuity of business, nature of employment, willingness of claimant to accept other employment -- Time spent most important, most relevant and only basic factor to be taken into account -- Claimant spending 50 hours per week on own business, unable to invoke s. 43(2) exception -- Unemployment Insurance Act, R.S.C., 1985, c. U-1 ss. 8, 10 -- Unemployment Insurance Regulations, C.R.C., c. 1576, s. 43.