Veillet v. Canada ( Employment and Immigration Commission )
A-58-94
Létourneau J.A.
16/11/94
6 pp.
Application for judicial review of decision by Canada Employment and Immigration Commission (Commission) holding applicant not unemployed, retroactively interrupting payment of benefits-Applicant, formerly director of franchise sales for real estate company, receiving unemployment insurance benefits when holding employment as real estate agent for which paid commission, free to determine working hours-Applicant arguing should benefit from exception under Regulations, s. 43(2) that claimant not regarded as working full working week if employment so minor person would not normally count on it as principal means of livelihood-For purposes of Regulations, s. 43(2), determination of status of employee determining own working hours based on three following tests: (1) time spent by claimant on business; (2) nature of business as relates to claimant's ordinary occupation, trade; (3) efforts made by claimant to find employment during period-Real estate agent setting own working hours, paid on commission not thereby automatically excluded from exception in s. 43(2)-Commission erred in not applying analytical criteria to determine whether applicant so involved in work that would not ordinarily follow it as principal means of livelihood-Commission's decision based on erroneous interpretation of Regulations, s. 43(2), effect of which to automatically exclude from purview of Regulations employment such as held by applicant, regardless of time employee in fact devoted to employment-Although Regulations, s. 43(1) creates presumption someone engaged in employment in which sets own working hours not unemployed, wrong to interpret s. 43(2) as meaning employment of real estate agent necessarily or automatically excepted-Application allowed-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 43(2).