CD v Canada Employment Insurance Commission

CD v Canada Employment Insurance Commission

The Tribunal accepted the claimant's credible, detailed and consistent evidence that he was misinformed by his manager and that exceptional circumstances existed (late notice of layoff and expectation of a hard copy ROE), found he acted as a reasonable person under the circumstances and qualified for benefits on August 8, 2021, and therefore the application can be antedated to that date.

Citation
2022 SST 486
Parties
Appellant / Claimant: C. D.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
3 May 2022
Procedural Posture
Employment Insurance (ei) Appeal / General Division Hearing Decision
Outcome
Appeal allowed
Legal Topics
Antedating Applications, Good Cause for Delay, Record of Employment, Entitlement to Benefits
Source Language
English
Employment Insurance Social Security Administrative Law Antedating Applications Good Cause for Delay Record of Employment Entitlement to Benefits

Case Brief

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Parties

C. D.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance (ei) Appeal / General Division Hearing Decision

Legal Issues

  1. 1 Whether the claimant's EI application can be antedated to August 8, 2021
  2. 2 Whether the claimant had good cause for the entire period of the delay (Aug 8 to Oct 6, 2021)
  3. 3 Whether the claimant qualified for EI benefits on August 8, 2021

Ratio Decidendi

The Tribunal accepted the claimant's credible, detailed and consistent evidence that he was misinformed by his manager and that exceptional circumstances existed (late notice of layoff and expectation of a hard copy ROE), found he acted as a reasonable person under the circumstances and qualified for benefits on August 8, 2021, and therefore the application can be antedated to that date.

Court Disposition

Appeal allowed

Orders

  • Claimant's EI application is to be treated as having been made on August 8, 2021