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| Decision A-0221.04 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | definition | | Summary:
The Commission found that the earnings received by the claimant from his greenhouse were farming income and applied subsection 35(10) of the EIR. The Umpire had concluded that the claimant's activities did not constitute farming as the issue of farming had not been raised. The FCA stated that the issue of farming was not properly before the Umpire. The Court concluded that Umpire could not raise on his own the issue of farming. This was a breach of procedural fairness. |
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| Decision 59956 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | definition | | Summary:
Refer to summary indexed under FCA A-0221.04 |
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| Decision 43373 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | definition | | Summary:
Claimant admits to owning the farm, on a 50% basis with his son and it is the claimant's 50% partner who decides on how the farm is operated and the claimant benefited from this operation. He states that one cannot be self-employed if one has no knowledge or control. Umpire concluded that one can be self-employed and not have control or knowledge of the business. The claimant being self-employed allowed his son to control the operation of the business. The income received by the claimant from the farm operation is income pursuant to the Act. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | week of unemployment | farming | self-employed | |
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| Decision A-0416.97 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | definition | | Summary:
The FCA found no reviewable error on the part of the Umpire. The facts support the conclusion that the claimant was an investor and not self-employed within the meaning of the Reg. Case distinguishable from Caron Bernier (A-0136.96).**NOTE: For more information on the facts, refer to CUB 37627. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | week of unemployment | farming | self-employed | | | earnings | farming | allocation of earnings | |
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| Decision 37627 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | definition | | Summary:
Claimant owns 50% of the farm. Employed full-time away from the farm and she puts in an insignificant amount of time (12 hrs/year) doing the farm's books. Umpire stated that the claimant, although part-owner in title of a farm, is not self-employed in farmings and does not work on the farm on a regular basis. He did not find that the claimant's involvement in the farm is of such an extent so as to be considered self-employment in farming within the meaning of par. 57(6)(b). Her activities vis-a-vis the farm are that of a concerned investor.**NOTE: The Commission has appealed to the F.C. The claimant is self-employed and however minimal the claimant's participation is in the farming operation, she is subject to an allocation of part of the farming income. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | week of unemployment | farming | self-employed | | | earnings | farming | allocation of earnings | |
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| Decision A-0182.96 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | definition | | Summary:
The claimant, who was the sole proprietor of the woodlands from which the wood that was sold came, alleged that he was unable to cut wood because of a partial disability, and was assisted by his uncle and his son. Also alleged that he had given the wood to his son and did not receive any profit from it. The BOR found that the claimant participated in the operations to the best of his capacities and had to be regarded as a self-employed person, and that the gains he realized had value as earnings and should have been declared. A straight case of assessment of fact, and both the Umpire and the FCA refused to intervene. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | penalties | knowingly | | | | week of unemployment | farming | self-employed | |
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| Decision A-1428.92 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | definition | | Summary:
Held that the definitions found in s.16 of the Regulations, since they were enacted strictly for the purpose of this section, cannot be relied upon to determine whether income results from employment within the meaning of s. 57 of the Regulations.
Holding 40% of the shares in the business with her husband, part of the income derived from the maple grove and from the sales and purchases of cattle has been attributed to her. Held that it is impossible to say that the Board's decision is based on an error of law or on unreasonnable conclusions. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | business returns | family business | |
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| Decision 21835 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | definition | | Summary:
Refer to: A-1428.92 | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | business returns | family business | |
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| Decision 20398 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | 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. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | calculation of income | | | board of referees | rules of construction | official wordings differ | |
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| Decision 20266 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | definition | | Summary:
Farming (or its French equivalent "agriculture") includes cattle breeding. It must therefore be concluded that the claimant is a farmer under the Act. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | week of unemployment | farming | full working week | |
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| Decision 14085 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | definition | | Summary:
Raising chickens and producing eggs is farming operation according to Office du crédit agricole. Can look to definition in Reg. 16(2)(g) even though for other purposes. Farming takes in more than clearing land. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | week of unemployment | co-adventure | | | | week of unemployment | corporate veil | | | | earnings | income | in kind | | | earnings | farming | calculation of income | |
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| Decision 13429 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | definition | | Summary:
The CEIC argues that moneys earned from the sale of milk fell squarely within reg. 57(6)(b), regardless of whether claimant's self-employment was major or minor in extent [p. 8]. I accept that reg. 57(6)(b) makes no differentiation between major and minor self-employment. [p. 9] | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | week of unemployment | farming | self-employed | | | earnings | business returns | as income | |
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| Decision 12219 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | definition | | Summary:
Cash purchase tickets or Wheat Board Advance Payments in Saskatchewan. No other details. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | voluntarily leaving employment | personal reasons | business activities | | | board of referees | natural justice | free of bias | | | earnings | business returns | family business | |
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| Decision 10523 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | definition | | Summary:
Argued that made no profit and was not a farmer. Sale of pigs: income from farming transactions; 35% to be calculated out of gross amount. Deemed to be farmer: even though not his not his primary means of livelihood, he takes an active part in it. | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | calculation of income | | | earnings | income | paid to third party | |
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| Decision 10262 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | definition | | Summary:
The insured rented a 20 arpent farm equipped with greenhouses where he grew tomatoes. Farming within the meaning of 57(6)(b) and 58(7) includes horticulture. Error to apply distinction made in Reg. 16 for other purposes. |
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| Decision 09674 Full Text | | Issue: | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | farming | definition | | Summary:
Contrary to board's decision, income from sale of piglets was income from self-employment in farming within meaning of Reg. 57(6)(b) and must be allocated under 58(7). | | Other Issue(s): | Sub-Issue 1: | Sub-Issue 2: | Sub-Issue 3: | | earnings | business returns | as income | |
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