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The Federal Court upheld CRA decisions finding the applicant ineligible for CRB, CRSB and CWLB because workersâ compensation benefits were not eligible income.
The appeal is dismissed because the appellant failed to establish any error falling within DESDA s.58(1): counsel waived any procedural fairness complaint by not raising teleconference issues at the hearing; the General Division reasonably exercised its discretion to hold a teleconference; it reviewed and weighed the Life Mark and Banyan evidence sufficiently; it did not rely on WCB/insurer decisions in breach of the CPP regime; and it applied Villani by considering the claimant's background and reaching a defensible conclusion that she was not incapable of pursuing any substantially gainfulâŚ
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The Tax Court judge reasonably concluded, based on the evidence and credibility assessments, that the relationship was that of a partnership and not employment; no error of fact or law was shown that would justify appellate interference, therefore the appeal is dismissed.
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