D. A. v. Canada Employment Insurance Commission

D. A. v. Canada Employment Insurance Commission

The claimant failed to prove good cause for the entire delay because she did not act as a reasonable person to verify her entitlement and obligations (no enquiries made), no exceptional circumstances were established (medical issues unsupported and did not account for entire delay), and late ROE alone does not justify antedating under s.10(4).

Citation
2016 SSTGDEI 23
Parties
Appellant/employer: D. A.; Claimant: L. B.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
15 February 2016
Procedural Posture
Employment Insurance / General Division Appeal
Outcome
Appeal dismissed
Legal Topics
Antedating Claims, Good Cause for Delay, Record of Employment, S.10(4) EI Act
Source Language
English
Employment Insurance Administrative Law Social Security Antedating Claims Good Cause for Delay Record of Employment S.10(4) EI Act

Case Brief

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Parties

D. A.

Appellant/employer

L. B.

Claimant

Procedural Posture

Employment Insurance / General Division Appeal

Legal Issues

  1. 1 Whether the claimant's initial claim can be antedated to August 2014 under s.10(4) of the Employment Insurance Act
  2. 2 Whether the claimant had good cause throughout the entire delay period between loss of employment and filing the claim

Ratio Decidendi

The claimant failed to prove good cause for the entire delay because she did not act as a reasonable person to verify her entitlement and obligations (no enquiries made), no exceptional circumstances were established (medical issues unsupported and did not account for entire delay), and late ROE alone does not justify antedating under s.10(4).

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed