C. M. v. Canada Employment Insurance Commission

C. M. v. Canada Employment Insurance Commission

The claimant failed to prove on the balance of probabilities that she acted as a reasonable and prudent person throughout the entire delay (June 16, 2016 to April 18, 2018); reliance on friends' advice and fear of deportation without attempting to contact Service Canada does not amount to good cause, therefore the...

Source-derived case information.

Citation
2018 SST 1180
Parties
Appellant (claimant): C. M.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 November 2018
Procedural Posture
Employment Insurance Appeal to Social Security Tribunal General Division / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Employment Insurance, Maternity and Parental Benefits, Antedating Initial Claim, Good Cause for Delay
Source Language
english
Employment Law Administrative Law Social Security Law Employment Insurance Maternity and Parental Benefits Antedating Initial Claim Good Cause for Delay

Source-derived case record

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Parties

C. M.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal to Social Security Tribunal General Division / General Division Decision

Legal Issues

  1. 1 Whether the claimant proved good cause for the entire period of delay in filing the initial claim
  2. 2 Whether the claimant qualified for benefits on the earlier day requested for antedating

Ratio Decidendi

The claimant failed to prove on the balance of probabilities that she acted as a reasonable and prudent person throughout the entire delay (June 16, 2016 to April 18, 2018); reliance on friends' advice and fear of deportation without attempting to contact Service Canada does not amount to good cause, therefore the initial claim cannot be antedated.

Court Disposition

Appeal dismissed

Orders

  • Claimant's request to antedate the initial claim is denied
  • Benefit period shall not be antedated to September X, 2016