HG v Canada Employment Insurance Commission, 2021 SST 332

HG v Canada Employment Insurance Commission, 2021 SST 332

The temporary order creating the EI ERB expressly lists which EI Act provisions apply and does not incorporate subsection 10(5); therefore antedating/good cause provisions are inapplicable to EI ERB claims and claim reports must have been made on or before December 2, 2020; the claimant did not file those reports by that date and is not entitled to additional EI ERB beyond the initial $2,000.

Citation
2021 SST 332
Parties
Appellant / Claimant: H. G.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
24 March 2021
Procedural Posture
Employment Insurance (ei) Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Employment Insurance Emergency Response Benefit, Limitation Periods, Antedating/late Filing, Good Cause, Statutory Interpretation
Source Language
English
Employment Law Administrative Law Social Security Law Employment Insurance Emergency Response Benefit Limitation Periods Antedating/late Filing Good Cause Statutory Interpretation

Case Brief

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Parties

H. G.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance (ei) Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant's bi-weekly claim reports for EI ERB can be treated as made on or before December 2, 2020 (antedating)
  2. 2 Whether subsection 10(5) (good cause/antedating) of the Employment Insurance Act applies to EI ERB claims created by the temporary order
  3. 3 Whether misinformation or operational errors by Service Canada can displace the statutory deadline or create entitlement despite non-compliance

Ratio Decidendi

The temporary order creating the EI ERB expressly lists which EI Act provisions apply and does not incorporate subsection 10(5); therefore antedating/good cause provisions are inapplicable to EI ERB claims and claim reports must have been made on or before December 2, 2020; the claimant did not file those reports by that date and is not entitled to additional EI ERB beyond the initial $2,000.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant not entitled to EI ERB payments beyond the $2,000 initial payment received