Digests

Decision Information

Decision Content

Rojas-Viger v. M.N.R.

A-306-93

Desjardins J.A.

6/10/94

12 pp.

Application for judicial review of Tax Court of Canada decision -- Issue whether applicant held insurable employment when worked in Peru as cooperant from April 1, 1985 to July 31, 1987 -- Applicant Canadian citizen of Peruvian origin ordinarily resident in Canada -- From November 1984 onwards taught at Universidad Nacional Mayor San Marcos in Lima with grant from World University Service Canada[cad 211]University subsequently submitted cooperation project to Centre canadien d'études et de coopération internationale (CECI), with which applicant signed contract lasting two years -- CECI covered inter alia applicant's salary as teacher of medicine -- Contract to end on March 30, 1987 but extended to July 31, 1987 -- Section 11 of Unemployment Insurance Regulations includes in insurable employment employment held outside Canada which meets certain requirements -- Question as to interpretation of words "where that person . . . is employed outside Canada . . . by an employer who is resident . . . in Canada" -- In Quebec civil law, tripartite agreement signed by CECI, university and applicant most closely resembles stipulation for another -- CECI paid applicant sums of money listed in contract directly -- Required that University observe agreement signed between that institution and applicant dealing with work of research, education and social extrapolation -- Teaching contract signed between applicant and University only incidental to contract signed between CECI, applicant and University -- Teaching contract could not have existed without support contract -- Applicant held employment in Peru as representative of CECI and as part of exercise in international cooperation -- Held employment with CECI "outside Canada"-Application allowed -- Unemployment Insurance Regulations, C.R.C., c. 1576, s. 11.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.