Date:
Docket:
Umpire's Decision:
Date: |
|
| April 3, 1995 |
|
Docket: |
|
| A-406-94 |
|
Umpire's Decision: |
|
| CUB 24884 |
| CORAM: | PRATTE J.A. MacGUIGAN J.A. DÉCARY J.A. |
| BETWEEN: |
RORY FATT,
applicant,
- and -
THE ATTORNEY GENERAL OF CANADA,
respondent.
Heard at Vancouver on Monday, April 3, 1995
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver
on Monday, April 3, 1995.)
PRATTE J.A.:
We are all of opinion that the decision of the umpire cannot be reconciled with the judgment of this Court in Attorney General of Canada v. Jouan (A-366-94, January 23, 1995).
The application will therefore be allowed, the decision under attack set aside and the matter referred back to the Chief Umpire or another umpire designated by him for decision on the basis that, in a case of this kind, under subsection 43(2) of the Unemployment Insurance Regulations, the real question to be asked is whether the amount of time spent in self employment was so insignificant that a person would not normally pursue that employment as a principal means of livelihood.
"Louis Pratte"
J.A.