TRANSLATION
IN THE MATTER OF the UNEMPLOYMENT INSURANCE ACT, 1971
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IN THE MATTER OF a claim for benefit by
Réjean VINET
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IN THE MATTER OF an appeal to an Umpire by the claimant
from a decision of the Board of Referees given
at Québec, Québec, on February, 12, 1987.
DECISION
JEAN-EUDES DUBE, UMPIRE:
This claimant was disqualified from receiving benefits under sections 19 and 21 of the Act and 43 of the Regulations since he was not available for work because he was working for his wife’s business and was able to determine his own hours of work.
In effect, the claimant’s wife operated two businesses in the basement of the family home: Electronique St-Marc Enr, which was involved in retailing television sets, and Vidéo-Club St-Marc Enr, which rented out video-cassettes. According to a report prepared by an interviewer working for the Commission, the claimant worked about 40 hours a week for the business. It also appears from the record that an investigator from the Commission was refused access to the books of both businesses by the claimant’s wife. During the period in dispute the claimant himself signed a large number of the invoices for sales of television sets. Once the investigation began, he ceased doing so and his disentitlement was terminated.
It also appears in the record that the claimant was a machinist who voluntarily abandoned his employment. He left because of problems arising from his deafness and also, according to the Additional Information Sheet, because he "had a business at home to which he wished to devote more time".
The board of referees unanimously upheld the official’s decision. Despite the arguments of counsel for the claimant, I fail to see how I could find in the circumstances that the board erred in fact or in law. The evidence before the board justified the decision it rendered.
Consequently, this appeal cannot be allowed.
UMPIRE
OTTAWA
May 25, 1988