Canada ( Attorney General ) v. D'Astoli
A-999-96
Denault J.A.(ex officio)
24/10/97
5 pp.
Application for judicial review of Umpire's decision Minister of National Revenue's decision concerning insurability of employment implied conclusion claimant worked as employee at time claimed benefits, therefore not self-employed contractor-Application allowed-Court's decision in Thibault v. Canada (Employment and Immigration Commission), [1997] F.C.J. No. 547 (C.A.) (QL), not Attorney General of Canada v. Venditelli (1982), CUB 7015, must now prevail-Respondent owning 25 percent of shares and sole director of business, where working fulltime-Claiming benefits, alleging shortage of work-Minister deciding respondent holding insurable employment as business operator-Commission deciding respondent not entitled to benefit because engaging in operation of business either on own account or in partnership, working full working week and not unemployed-On appeal, Umpire finding for respondent-In Thibault, decided even if Minister deciding employment insurable, Commission can except claimant from receipt of benefits, as insurability of employment essential term of eligibility, not guarantee thereof-Question of insurability of employment must be determined by Minister of National Revenue, and by Tax Court of Canada if appealed, relates to qualifying period; question of entitlement to benefit must be decided by Commission itself, and by Board of Referees and Umpire if appealed, relates to benefit period-Determination made with respect to insurability binding on Commission with respect only to insurability, not when comes to decide entitlement to benefit.