Darren Grunau

The appellant appealed a decision by the Minister of National Revenue that her employment with a company co-owned by her common-law spouse was not insurable employment under the Employment Insurance Act.

The Minister found that the parties were not dealing at arm's length and that the terms of employment were not substantially similar to an arm's length contract.

The Tax Court of Canada reviewed the facts, including irregular pay advances, lack of formal timesheets, and the coincidental timing of the employment relative to the appellant's pregnancy.

The Court concluded that the Minister's decision was reasonable and dismissed the appeal without costs.

The applicant applied for permanent residence under the Manitoba provincial nominee program based on her experience as a poultry inspector.

At her interview, the visa officer asked questions about inspecting raw poultry, which the applicant could not answer as her previous job did not involve raw poultry.

After the officer expressed concerns about misrepresentation, the applicant became upset, and the officer ended the interview abruptly.

The officer then found the applicant inadmissible for misrepresentation.

On judicial review, the Federal Court held that the officer breached the duty of procedural fairness by not providing the applicant an adequate opportunity to respond to the concerns and clarify her work experience.

The application for judicial review was allowed.