FM v Canada Employment Insurance Commission

FM v Canada Employment Insurance Commission

Claimant had zero insurable hours in the qualifying period and therefore did not meet the 420-hour minimum; claimant also failed to prove good cause for the delay from January 5, 2020 to August 17, 2021, so the application could not be antedated and the appeal was dismissed.

Source-derived case information.

Citation
2022 SST 406
Parties
Appellant: F. M.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
1 February 2022
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Qualification for Benefits, Antedating Application, Good Cause for Delay, Severance Pay, Insurable Hours, Qualifying Period
Source Language
english
Employment Insurance Administrative Law Social Security Qualification for Benefits Antedating Application Good Cause for Delay Severance Pay Insurable Hours +1 more

Source-derived case record

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Parties

F. M.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Does the Claimant have enough hours in his qualifying period to qualify for EI benefits?
  2. 2 Can the Claimant's application for benefits be treated as though it was made on January 5, 2020 (antedating/backdating)?

Ratio Decidendi

Claimant had zero insurable hours in the qualifying period and therefore did not meet the 420-hour minimum; claimant also failed to prove good cause for the delay from January 5, 2020 to August 17, 2021, so the application could not be antedated and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Application for EI benefits shall not be antedated to January 5, 2020; claimant not entitled to benefits for the claimed period