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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 20398 Sipos John  Reed  English 10/7/91 
Decision Appealed: Appellant: Corresponding Case:
Allowed  No N/A   

Issue:Sub-Issue1Sub-Issue2Sub-Issue3
earnings farming definition 

Summary:

English and French text of ss. 57(6) differ. The English version uses the more limited concept "farming" while the French speaks of "l'agriculture". Lack of parrallelism with s. 16. No doubt that s. 16 is not relevant. "Farming" is closer to the purpose of ss. 57(6). The operation of a greenhouse for the purpose of growing herbs for sale to local restaurants is much closer to a wholesale retail business than to a farming operation.

Issue:Sub-Issue1Sub-Issue2Sub-Issue3
earnings farming calculation of income 

Summary:

Ss. 57(6) exists because of the difficulty of separating a farmer's personal living expenses from farm business expenses. It is easier to simply designate a percentage of gross profits rather than determine what amount of income was used personally by the farmer.

Issue:Sub-Issue1Sub-Issue2Sub-Issue3
board of referees rules of construction official wordings differ 

Summary:

English and French ss. 57(6) differ. The English version uses the more limited concept "farming" while the French speaks of "agriculture". Both are equally authoritative. In such a case, the interpretation that is most in keeping with the purpose of the provision is to be chosen.

     
   
Last modified :  2005-11-24 top Important Notices