Date: |
|
April 1, 1987 | |
Docket: |
|
A-296-86 |
|
Umpire's Decision: |
|
CUB 12019 |
"TRANSLATION"
CORAM: | PRATTE, J. MARCEAU, J. HUGESSEN, J. |
BETWEEN: |
DANIEL LAFOREST,
applicant,
- and -
CANADA EMPLOYMENT AND IMMIGRATION COMMISSION,
respondent,
- and -
ATTORNEY GENERAL OF CANADA,
mis-en-cause,
- and -
PIERRE DENAULT J,
mis-en-cause.
REASONS FOR JUDGMENT OF THE COURT
PRATTE, J.:
We are all of the view that the applicant, who was the sole shareholder and prime mover in a company which was in the business of selling ladies clothing, was a self-employed person engaged in the operation of a business on his own account as a corporation within the meaning of s 43(1)(a) of the Unemployment Insurance Regulations, and was thus engaged in employment described in para (b) of the definition contained in s 57(1). It follows that the undistributed net profits of that business could be regarded as income of the applicant within the meaning of s 57(1) and (6)(c) of the Regulations. These profits were in fact income which the applicant received from his activity operating a business on his own account. The umpires review of the facts and conclusion were thus correct.
The application will be dismissed.
Louis Pratte
JUDGE