Employment Insurance
Judicial review of Umpire’s decision (CUB 67904) dismissing appeal from decision of Board of Referees applicant not entitled to benefits under Employment Insurance Act, S.C. 1996, c. 23 from April 4, 2004 to April 1, 2005 because self-employed within meaning of Employment Insurance Regulations, SOR/96-332, s. 30(1)—Applicant operating farm in Saskatchewan since 1972—Also employed in food processing plant for 13 years until laid off in 2004—Employment Insurance Commission denying application for benefits on basis applicant self-employed or engaged in farming business within meaning of s. 30(1)—Board of Referees dismissing appeal on basis farming activities of such major extent as to be considered principal means of livelihood—In redetermination, second Board of Referees also finding applicant engaged in farming business—Umpire failing to consider, apply objective test in Regulations, s. 30(2) when examining factors set forth in s. 30(3)—At least four of relevant factors pointing to conclusion applicant’s engagement in farming business during benefit period minor in extent—When all six factors viewed objectively, not normal, reasonable for applicant to have relied on that level of engagement as principal means of livelihood—Exception in s. 30(2) applicable to applicant’s engagement in farming business during benefit period—Application allowed.
Martens v. Canada (Attorney General) (A-256-07, 2008 FCA 240, Ryer J.A., judgment dated July 18, 2008, 23 pp.)