Federal Court Decision #A-416-97 - THE ATTORNEY GENERAL OF CANADA v. LEEMING, CAROL, M.

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
19980522

Docket:
A-416-97

Umpire’s Decision:
CUB 37627

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.

REASONS FOR JUDGMENT
(Judgment delivered at Toronto, Ontario,
Friday, May 22nd, 1998)

[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.