The regulations create a presumption that someone engaged in employment in which he or she controls their own working hours is not unemployed unless there is evidence to the contrary. It is more difficult to rebut this presumption in the case of a person who is registered as a real estate agent and engaged in that employment. But it is wrong to interpret the regulations as meaning that employment as a real estate agent is necessarily or automatically excluded from the exemption provided for in subsection 30(2) of the Employment Insurance Regulations. Furthermore, simply because a claimant holds a real estate license does not mean he or she is self-employed.
Veillet v. C.E.I.C., November 16, 1994, F.C.J. No. 1712 (F.C.A.) A-58-94
Madhavji v. Canada, May 31, 1988, F.C.J. No. 445 (F.C.A.) A-377-87
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2009-04-28