Canada ( Attorney General ) v. Magee
A-1085-92
MacGuigan and Desjardins JJ.A. and Létourneau J.A. (dissenting)
8/10/93
7 pp.
Application to set aside Umpire's decision allowing appeal by respondent from Board of Referees' decision-Respondent, while receiving unemployment insurance benefits, opened small business-UIC claiming for overpayment of benefits of $7,000-Whether Board of Referees right in concluding respondent not unemployed under Unemployment Insurance Regulations, s. 43-Application dismissed (Létourneau J.A. dissenting)-Per MacGuigan J.A.: S. 43(2), as interpreted, requiring Board to take into account six factors in order to characterize nature of claimant's activity-Umpire correctly identifying error of law in Board's decision-Correct perspective one of proportionality rather than of absoluteness-Board fettering discretion in interpreting law-Per Létourneau J.A. (dissenting): Board appreciating all six factors, stating all relevant facts in relation to each of them-Board finding two factors determinative in concluding respondent self-employed and employment not so minor in extent respondent would not normally follow it as principal means of livelihood-Umpire taking too microscopic view of Board's decision-Conclusion Board misapplied law erroneous-No error of law in Board's decision-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 43.