Canada ( Attorney General ) v. Bernier
A-136-96
Marceau J.A.
27/2/97
9 pp.
Application for judicial review of decision by Umpire-Respondent submitting claim for benefit shortly after becoming unemployed, on October 24, 1994-Claim based on two records of employment, one from Commission scolaire de la Mitis, other from La Ferme Duregard Inc., corporation owning dairy products business for which she worked as day labourer from July 4 to October 21-Respondent held 40 percent of shares in said corporation, husband holding remainder-Employment and Immigration Commission informing respondent pursuant to Unemployment Insurance Regulations, ss. 57 and 58, income from La Ferme Duregard Inc. constituted earnings for benefit purposes, therefore had to be declared-Umpire allowing respondent's appeal-Constants emerging from decisions of umpires-Legal status of operation or business in which self-employed person works irrelevant-Relative amount of time spent on operation or business irrelevant-Actually receiving income from operation or business while unemployed unnecessary, as mere right to receive such income sufficient-Self-employed person cannot be distinguished from one engaged in operating business-Inappropriate to question, perhaps overturn, constants emerging from application of these provisions on self-employment-Unreasonable to change established practice-As law now stands, Umpire erred in contradicting long-standing case law when unable to base decision on argument of any value-Application allowed-Unemployment Insurance Regulations, C.R.C., c. 1576, ss. 57 (as am. by SOR/86-58, s. 1; 90-207, s. 1; 90-756, s. 17; 92-164, s. 15; 93-470, s. 1), 58 (as am. by SOR/92-164, s. 16).