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The Federal Court dismissed judicial review of a CRA second-review decision denying CERB eligibility for failure to prove $5,000 in qualifying income.
The court fixed the relationship start and separation dates, upheld excluded property claims, set support income at $120,000, and awarded retroactive spousal support.
Because the father repeatedly failed to comply with disclosure orders, provided misleading income evidence and refused to answer questions, the court rejected his evidence, accepted the mother's uncontradicted evidence, applied the presumption of equal division for jointly held property, applied Kerr to find unjust enrichment and an equal sharing remedy for accumulated family wealth, imputed the father's income at $189,475 based on deposits, lump sums and imputed business/rental income, and ordered specified retroactive and ongoing child and spousal maintenance and equitable division of pensi…
Source excerpt
On the totality of the relationship the Wiebe Door factors tilt in favour of an independent contractor: lack of control and supervision, ability to set hours and substitute, bearing of expenses and risk, and a written contract expressly creating an independent contractor relationship; absence of any sham means the contractual label must be respected, so the Minister's determination of employment is vacated.
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