AA v Canada Employment Insurance Commission

AA v Canada Employment Insurance Commission

The Tribunal found on the balance of probabilities that the claimant was capable of and available for work from June 28, 2021 to September 4, 2021, but failed to prove good cause for the full period of delay in filing renewal reports (June 27 to September 12, 2021). Because antedating requires proof of good cause...

Source-derived case information.

Citation
2022 SST 619
Parties
Appellant / Claimant: A. A.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
9 March 2022
Procedural Posture
Employment Insurance / General Division Decision (hearing)
Outcome
Appeal allowed in part
Legal Topics
Availability for Work, Suitable Employment, Antedating (backdating) Claims, Good Cause for Delay, Reasonable and Customary Efforts, Disentitlement
Source Language
english
Employment Insurance Social Security Administrative Law Availability for Work Suitable Employment Antedating (backdating) Claims Good Cause for Delay Reasonable and Customary Efforts +1 more

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Parties

A. A.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision (hearing)

Legal Issues

  1. 1 Whether the claimant’s renewal claims can be antedated to June 27, 2021 (good cause for delay)
  2. 2 Whether the claimant was capable of and available for work from June 28, 2021 to September 4, 2021

Ratio Decidendi

The Tribunal found on the balance of probabilities that the claimant was capable of and available for work from June 28, 2021 to September 4, 2021, but failed to prove good cause for the full period of delay in filing renewal reports (June 27 to September 12, 2021). Because antedating requires proof of good cause for the entire delay and reasonably prompt steps to understand obligations, the failure on good cause is dispositive and precludes payment for the disputed period despite established availability.

Court Disposition

Appeal allowed in part

Orders

  • Claimant found capable of and available for work from June 28, 2021 to September 4, 2021
  • Request to antedate (backdate) claimant reports to June 27, 2021 denied; benefits for June 28, 2021 to September 4, 2021 are not payable