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THE INDEX OF JURISPRUDENCE
A SUPPLEMENT TO THE DIGEST OF BENEFIT ENTITLEMENT PRINCIPLES


Case Number: Claimant: Judge: Language: Decision date:
Decision 20431 Bourque Maurice H.  Reed  English 10/10/91 
Decision Appealed: Appellant: Corresponding Case:
Dismissed  No N/A   

Issue:Sub-Issue1Sub-Issue2Sub-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-Issue1Sub-Issue2Sub-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).

Issue:Sub-Issue1Sub-Issue2Sub-Issue3
board of referees jurisdiction assess credibility duty 

Summary:

Boards are entitled to draw inferences from facts which are put before them. They also are not required to apply the strict rules of evidence that would pertain in a court of law; a much more informal and flexible approach is allowed.

     
   
Last modified :  2005-11-24 top Important Notices