Issue: | Sub-Issue1 | Sub-Issue2 | Sub-Issue3 | week of unemployment | shareholders |
Summary: There is no doubt that being a shareholder in a corporation does not, by itself, disentitle one to UI benefits. But if one essentially controls a corporation or is its directing mind, it is reasonable to conclude that that individual is engaged in a business on his own account. |
Issue: | Sub-Issue1 | Sub-Issue2 | Sub-Issue3 | week of unemployment | corporate veil |
Summary: If a person essentially controls a corporation or is its directing mind, it is reasonable to conclude that that individual is engaged in a business on his own account. One must look behind the corporate nature of the enterprise and consider the reality of the situation.
The phrase "on his own account" does not require that the activity has to be undertaken only for the claimant's benefit. Even if it was accepted that he was not in business but working for the corporation, he would be engaged in a co-adventure for the purpose of reg. 43(1)(a). |