Is there probable cause for a claim under section 522 of the Ontario Labor Law for total unemployment?

the prosecution was instituted, and the question is whether these facts as they then appeared were such that a discreet and prudent person would have been led to the belief that the accused had committed the crime with which he was charged. If defendants had knowledge of facts actual or apparent strong enough to justify a reasonable man in the belief that they had lawful grounds for prosecuting the plaintiff in the manner complained of, then probable cause was present and this action will not lie.'" It is then appropriate to ask "was the complainant justified in making the charge?" "Would a discreet and prudent person have been led to the belief that claimant had committed the crime with which he was charged?" (Burns v. Wilkinson, supra, p. 115.) A consideration of the authorities persuades the further view that the complainant was not in error in his belief that claimant, by reason of his self-employment, enjoyed an employment status repugnant to a grant of unemployment benefits. Section 522 of the Labor Law as amended by chapter 720 of the Laws of 1953, reads: "`Total unemployment' means the total lack of any employment on any day. The term `employment' as used in this section means any employment including that not defined in this title."