YW v Canada Employment Insurance Commission

YW v Canada Employment Insurance Commission

The claimant did not prove good cause for the entire 20-week delay because she relied on assumptions, failed to take reasonably prompt steps to verify her entitlement with Service Canada, and engaged in ordinary life activities (moving, parenting) that do not excuse the delay; therefore the application cannot be antedated to March 14, 2021.

Citation
2022 SST 468
Parties
Appellant / Claimant: Y. W.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
3 March 2022
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Antedating, Good Cause for Delay, Eligibility, Reconsideration Review, Delay in Filing
Source Language
English
Employment Insurance Administrative Law Social Security Antedating Good Cause for Delay Eligibility Reconsideration Review Delay in Filing

Case Brief

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Parties

Y. W.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Whether the claimant's EI application can be antedated to March 14, 2021
  2. 2 Whether the claimant had good cause for the 20-week delay in applying
  3. 3 Whether the claimant took reasonably prompt steps to understand entitlement and legal obligations

Ratio Decidendi

The claimant did not prove good cause for the entire 20-week delay because she relied on assumptions, failed to take reasonably prompt steps to verify her entitlement with Service Canada, and engaged in ordinary life activities (moving, parenting) that do not excuse the delay; therefore the application cannot be antedated to March 14, 2021.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claim cannot be antedated to March 14, 2021