T. D. v. Canada Employment Insurance Commission

T. D. v. Canada Employment Insurance Commission

The Commission’s concession and employer corrections to the ROE establish that the claimant had sufficient insurable hours (793) to establish a benefit period effective May 3, 2015; however the claimant failed to prove good cause for the entire delay from October 19, 2014 to May 4, 2015 under s.10(4) because ignorance and assumptions about severance do not meet the reasonable person standard, so the request to antedate is denied.

Citation
2016 SSTGDEI 6
Parties
Claimant: T. D.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
13 January 2016
Procedural Posture
Employment Insurance Appeal to Social Security Tribunal General Division / Decision Following Teleconference Hearing
Outcome
Appeal allowed in part: benefit period established effective May 3, 2015; request to antedate to October 19, 2014 dismissed.
Legal Topics
Antedating Claim, Qualification Hours, Benefit Period Establishment, Good Cause for Delay, Burden of Proof
Source Language
English
Employment Insurance Administrative Law Social Security Tribunal Procedure Antedating Claim Qualification Hours Benefit Period Establishment Good Cause for Delay Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 20 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

T. D.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal to Social Security Tribunal General Division / Decision Following Teleconference Hearing

Legal Issues

  1. 1 Whether the claimant had sufficient insurable hours to establish a benefit period under s.7 of the Employment Insurance Act
  2. 2 Whether the claimant’s initial claim could be antedated to October 19, 2014 under s.10(4) of the Employment Insurance Act by showing good cause for the delay
  3. 3 What constitutes good cause and the applicable standard (reasonable and prudent person)

Ratio Decidendi

The Commission’s concession and employer corrections to the ROE establish that the claimant had sufficient insurable hours (793) to establish a benefit period effective May 3, 2015; however the claimant failed to prove good cause for the entire delay from October 19, 2014 to May 4, 2015 under s.10(4) because ignorance and assumptions about severance do not meet the reasonable person standard, so the request to antedate is denied.

Court Disposition

Appeal allowed in part: benefit period established effective May 3, 2015; request to antedate to October 19, 2014 dismissed.

Orders

  • Benefit period established effective May 3, 2015
  • Request to antedate initial claim to October 19, 2014 denied