Date: 19980522 Docket: A-416-97
CORAM: STRAYER, J.A. ROBERTSON, J.A. GRAY, D.J.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
CAROL M. LEEMING
Respondent
HEARD at Toronto, Ontario, Friday, May 22nd, 1998
JUDGMENT delivered at Toronto, Ontario, Friday, May 22nd, 1998
REASONS FOR JUDGMENT BY: ROBERTSON, J.A.
Date: 19980522 Docket: A-416-97
CORAM: STRAYER, J.A. ROBERTSON, J.A. GRAY, D.J.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
CAROL M. LEEMING
Respondent
REASONS FOR JUDGMENT
[1] We can find no reviewable error on the part of the learned Umpire. The facts as accepted by both the Board and the Umpire support the conclusion that the respondent was an investor and not self-employed within the meaning of paragraph 57(6)(b) of the Unemployment Insurance Regulations. In our view Canada v. Bernier [1997] F.C.J. No. 233 is readily distinguishable on the facts. Accordingly, the application for judicial review must be dismissed with costs.
"J.T. Robertson"
J.A.
FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record
DOCKET: P-416-97
STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA
CAROL M. LEEMING
DATE OF HEARING: MAY 22, 1998
PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT BY: ROBERTSON, J.A. Delivered at Toronto, Ontario
on Friday, May 22, 1998
APPEARANCES:
Ms. Jan Rod2ers
For the Appellant
Mr. Mike Mitchell
For the Respondent
SOLICITORS OF RECORD:
George Thomson Deputy Attorney General of Canada
For the Appellant
Mountain, Mitchell, Hill, Monteith & Ritsma Barristers and Solicitors 56 Albert Street Stratford, Ontario
NT 5A 3K3
For the Respondent