DG v Canada Employment Insurance Commission
The appeal is dismissed because the appellant failed to prove on a balance of probabilities that he had good cause for the entire delay: he relied on unverified HR advice and general website information and did not take reasonably prompt steps (such as contacting the Commission) to determine entitlement, so the claim cannot be antedated.
- Citation
- 2024 SST 1173
- Parties
- Appellant: D. G.; Respondent: Canada Employment Insurance Commission
- Court
- Social Security Tribunal of Canada
- Jurisdiction
- Canada
- Judgment Date
- 27 September 2024
- Procedural Posture
- Employment Insurance / General Division Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Backdating (antedating) Initial Claim, Good Cause for Delay, Benefit Period
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
D. G.
Appellant
Canada Employment Insurance Commission
Respondent
Procedural Posture
Employment Insurance / General Division Decision
Legal Issues
- 1 Whether the appellant's EI application can be antedated to an earlier date
- 2 Whether the appellant had good cause for the entire period of delay in filing
- 3 Whether the appellant would have qualified for benefits on the earlier date
Ratio Decidendi
The appeal is dismissed because the appellant failed to prove on a balance of probabilities that he had good cause for the entire delay: he relied on unverified HR advice and general website information and did not take reasonably prompt steps (such as contacting the Commission) to determine entitlement, so the claim cannot be antedated.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed; benefit period not antedated
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