HM v Canada Employment Insurance Commission

HM v Canada Employment Insurance Commission

The appellant failed to prove on a balance of probabilities that he had good cause for the entire 26‑month delay because a reasonable person in his circumstances would have investigated and applied for EI within two months of the first WSIB denial; consequently the claim cannot be antedated and the appeal is dismissed.

Source-derived case information.

Citation
2024 SST 1103
Parties
Appellant: H. M.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
8 August 2024
Procedural Posture
Employment Insurance Antedating Initial Claim / Appeal to Social Security Tribunal General Division From Commission Reconsideration Decision
Outcome
Appeal dismissed; antedate denied.
Legal Topics
Antedating Initial Claim, Good Cause for Delay, Reasonable Person Test, WSIB Interaction With EI
Source Language
english
Employment Insurance Administrative Law Social Security Antedating Initial Claim Good Cause for Delay Reasonable Person Test WSIB Interaction With EI

Source-derived case record

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Parties

H. M.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Antedating Initial Claim / Appeal to Social Security Tribunal General Division From Commission Reconsideration Decision

Legal Issues

  1. 1 Whether the appellant proved good cause for the entire period of delay to antedate an EI sickness claim to August 29, 2021
  2. 2 Whether the appellant took reasonably prompt steps to understand his entitlement and obligations under the EI Act
  3. 3 Whether exceptional circumstances prevented the appellant from contacting Service Canada or applying earlier

Ratio Decidendi

The appellant failed to prove on a balance of probabilities that he had good cause for the entire 26‑month delay because a reasonable person in his circumstances would have investigated and applied for EI within two months of the first WSIB denial; consequently the claim cannot be antedated and the appeal is dismissed.

Court Disposition

Appeal dismissed; antedate denied.

Orders

  • Appeal dismissed.
  • Antedate request denied; no entitlement to EI sickness benefits for the period August 29, 2021 to November 11, 2023.