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Canada v. Nuttall

A-733-96

Stone J.A.

7/5/97

3 pp.

Application to set aside judgment of Tax Court of Canada reversing Minister's determination respondent not in "insurable employment" within meaning of Unemployment Insurance Act-Respondent fishing on board vessel owned, captained by husband-Exercise of discretion by Minister under Act, s. 3(2)(c)(ii) not addressed by Deputy Tax Court Judge-Error to neglect argument Minister had properly exercised discretion under said provision-Jurisdiction of Court under Federal Court Act, s. 18.1(3), (4) not permitting it to render judgment Deputy Tax Court Judge should have made in application for judicial review-Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 3(2)(c)(ii)-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).

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