SD v Canada Employment Insurance Commission

SD v Canada Employment Insurance Commission

The claimant demonstrated good cause for the entire delay because she continuously and promptly contacted Service Canada by phone and in-person despite mobility-limiting injuries, Service Canada repeatedly advised her to wait for the mailed access code, and the code was not issued until October 27, 2019; the delay was outside her control, so the claim is to be treated as made on the earlier date.

Citation
2020 SST 124
Parties
Appellant/claimant: S. D.; Respondent/commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
6 February 2020
Procedural Posture
Employment Insurance (ei) Appeal to Social Security Tribunal General Division / Decision on Appeal (hearing Concluded by Teleconference)
Outcome
Appeal allowed
Legal Topics
Backdating Claims, Good Cause for Delay, Entitlement to EI Benefits, Procedural Delay and Access Codes
Source Language
English
Employment Law Administrative Law Social Security Law Backdating Claims Good Cause for Delay Entitlement to EI Benefits Procedural Delay and Access Codes

Case Brief

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Parties

S. D.

Appellant/claimant

Canada Employment Insurance Commission

Respondent/commission

Procedural Posture

Employment Insurance (ei) Appeal to Social Security Tribunal General Division / Decision on Appeal (hearing Concluded by Teleconference)

Legal Issues

  1. 1 Whether the claimant had good cause for the entire delay period to permit backdating of the EI claim
  2. 2 Whether the claimant took reasonably prompt steps to understand and secure entitlement and meet filing obligations
  3. 3 Whether medical incapacity and Service Canada backlog justified delays in-person and by phone

Ratio Decidendi

The claimant demonstrated good cause for the entire delay because she continuously and promptly contacted Service Canada by phone and in-person despite mobility-limiting injuries, Service Canada repeatedly advised her to wait for the mailed access code, and the code was not issued until October 27, 2019; the delay was outside her control, so the claim is to be treated as made on the earlier date.

Court Disposition

Appeal allowed

Orders

  • Claimant's application is treated as though made on March 31, 2019; Commission to process the claim and benefits accordingly