R. I. v. Canada Employment Insurance Commission

R. I. v. Canada Employment Insurance Commission

The appellant failed to prove good cause for the entire delay under s.10(4) and, independently, failed to meet the mandatory s.7(2) insurable hours requirement (zero hours v. required 665 at a 6.9% unemployment rate); therefore the antedate is denied and the claim cannot be established.

Citation
2016 SSTGDEI 96
Parties
Appellant (claimant): R. I.; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
21 July 2016
Procedural Posture
Employment Insurance Appeal / Social Security Tribunal General Division Decision
Outcome
Appeal dismissed
Legal Topics
Antedating Claims, Qualification for Benefits, Good Cause for Delay, Insurable Hours Requirement
Source Language
English
Employment Insurance Administrative Law Social Security Antedating Claims Qualification for Benefits Good Cause for Delay Insurable Hours Requirement

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Parties

R. I.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Employment Insurance Appeal / Social Security Tribunal General Division Decision

Legal Issues

  1. 1 Whether the initial claim can be antedated under subsection 10(4) of the Employment Insurance Act
  2. 2 Whether the appellant had sufficient insurable hours to qualify under section 7 of the Employment Insurance Act

Ratio Decidendi

The appellant failed to prove good cause for the entire delay under s.10(4) and, independently, failed to meet the mandatory s.7(2) insurable hours requirement (zero hours v. required 665 at a 6.9% unemployment rate); therefore the antedate is denied and the claim cannot be established.

Court Disposition

Appeal dismissed

Orders

  • Antedate request denied
  • Claim for Employment Insurance benefits denied due to insufficient insurable hours