Canada ( Attorney General ) v. Lazar
A-245-97
Stone J.A.
4/2/98
4 pp.
Application to set aside Umpire's decision respondent qualified to receive benefits under Unemployment Insurance Act, Regulations during period January 20 to July 31, 1992-Respondent's wife operating restaurant business from 11 a.m. to 6 p.m. seven days week, while applicant worked 6 p.m. to 1 a.m. seven days week for most of period-Umpire ruling respondent worked "substantial number of hours" in each working week-Whether respondent's claim fell within exempting language of Unemployment Insurance Regulations, s. 43(2)-Umpire not giving full effect to Court's decision in Attorney General of Canada v. Jouan, (1995), 179 N.R. 127-Only basic factor to be taken into account, in all cases, time spent-Respondent's involvement in restaurant business not "so minor in extent that one would not normally follow it as principal means of livelihood"-Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U1-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 43(2).