Digests

Decision Information

Decision Content

Canada ( Attorney General ) v. D'Astoli

A-999-96

Denault J.A.(ex officio)

24/10/97

5 pp.

Application for judicial review of Umpire's decision Minister of National Revenue's decision concerning insurability of employment implied conclusion claimant worked as employee at time claimed benefits, therefore not self-employed contractor-Application allowed-Court's decision in Thibault v. Canada (Employment and Immigration Commission), [1997] F.C.J. No. 547 (C.A.) (QL), not Attorney General of Canada v. Venditelli (1982), CUB 7015, must now prevail-Respondent owning 25 percent of shares and sole director of business, where working fulltime-Claiming benefits, alleging shortage of work-Minister deciding respondent holding insurable employment as business operator-Commission deciding respondent not entitled to benefit because engaging in operation of business either on own account or in partnership, working full working week and not unemployed-On appeal, Umpire finding for respondent-In Thibault, decided even if Minister deciding employment insurable, Commission can except claimant from receipt of benefits, as insurability of employment essential term of eligibility, not guarantee thereof-Question of insurability of employment must be determined by Minister of National Revenue, and by Tax Court of Canada if appealed, relates to qualifying period; question of entitlement to benefit must be decided by Commission itself, and by Board of Referees and Umpire if appealed, relates to benefit period-Determination made with respect to insurability binding on Commission with respect only to insurability, not when comes to decide entitlement to benefit.

 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.