Summary of Issue: A Requirement

Decision A-0371.93 Full Text of Decision A-0371.93

Subsection10(4) if the EIA makes it clear that the possibility of antedating a claim is dependent on two conditions precedent. First, claimant must show that he or she is qualified to receive the benefit on a date earlier. Second, claimant must show that there was good cause for the delay.

Decision A-0978.88 Full Text of Decision A-0978.88

The distinction established under the antedating procedure between those who were and those who were not qualified to benefit on the prior day, creates 2 separate groups who are not equal. On this basis, there can be no breach of s.15 of the Charter.

Decision 12762 Full Text of Decision 12762

2 essential conditions: claimant must have been qualified on the prior day and good cause for delay must be shown to exist throughout the whole period. The onus of proving that both of these conditions have been met rests with claimant.