Date: 19981215
Docket: A-361-98
CORAM: PRATTE J.A.
DESJARDINS J.A.
DÉCARY J.A.
BETWEEN:
GUY PROULX
Applicant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Québec, Quebec
on Tuesday, December 15, 1998)
PRATTE J.A.
[1] The board of referees had to determine whether the applicant, who worked as a real estate agent while receiving unemployment insurance benefits, had devoted enough time to this employment to have followed it as a principal means of livelihood.
[2] In our view, the board erred in law in answering this question in the affirmative.
[3] As it accepted the applicant"s testimony that he had devoted only ten hours per week to this apparently unpaid employment, the board erred in finding as it did.
[4] The application will accordingly be allowed, the impugned decision set aside and the matter referred back to the Chief Umpire for redetermination on the basis that the applicant met the requirements of subsection 43(2) of the Unemployment Insurance Regulations.
Louis Pratte
J.A.
Certified true translation
M. Iveson
Date: 19981215
Docket: A-361-98
CORAM: PRATTE J.A.
DESJARDINS J.A.
DÉCARY J.A.
BETWEEN:
GUY PROULX
Applicant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Québec, Quebec, on Tuesday, December 15, 1998.
Judgment delivered from the bench on Tuesday, December 15, 1998.
REASONS FOR JUDGMENT OF THE COURT BY: PRATTE J.A.
FEDERAL COURT OF APPEAL
Date: 19981215
Docket: A-361-98
BETWEEN:
GUY PROULX
Applicant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
OF THE COURT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-361-98
STYLE OF CAUSE: Guy Proulx v. AGC
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: December 15, 1998
REASONS FOR JUDGMENT OF THE COURT: (Pratte, Desjardins, Décary JJ.A.)
DELIVERED FROM THE BENCH ON DECEMBER 15, 1998 BY: Pratte J.A.
APPEARANCES:
Frédéric St-Jean for the applicant
Francisco Couto for the respondent
SOLICITORS OF RECORD:
Frédéric St-Jean for the applicant
Sainte-Foy, Quebec
Morris Rosenberg for the respondent
Deputy Attorney General of Canada