Summary of Issue: Need Not Urgent


Decision A0313.11 Full Text of Decision A0313.11

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate conscious choice need not urgent
Summary:

The claimant requested that the Commission antedate his application on February 28, 2006. He explained that his delay in applying for benefits was a result of a personal choice not to apply, and an intention to live off of his savings. He only decided to apply for benefits when he became aware of a potential debt to the Commission for a previous overpayment on a separate matter. According to this Court’s jurisprudence, in order to establish good cause, a claimant must demonstrate that he did what a reasonable and prudent person would have done in the same circumstances. The FCA found that the Umpire correctly set out the main legal principles that must guide any determination of whether there is “good cause” for allowing a claim to be antedated. The FCA found that inquiries about an overpayment have no bearing on whether or not there is good cause to antedate a claim.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate for a previous overpayment

Decision 64709A Full Text of Decision 64709A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate conscious choice need not urgent
Summary:

A desire to rely on one's own resources, combined with a failure to seek information about filing a claim, is fatal to a request for antedate.


Decision 43288 Full Text of Decision 43288

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate conscious choice need not urgent
Summary:

There is not doubt that attempting to obtain employment while living on his personal savings and the monies which he derived from the sale of a house, is commendable. It has, however, been established in the jurisprudence time and again, that such reasons are not acceptable as good cause within the meaning of the EI Act and its Regulations.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate waiting for job searching for work

Decision 36846 Full Text of Decision 36846

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate conscious choice need not urgent
Summary:

Claimant expected to be off work for a short time. Did not apply because he did not want to burden the UI system. Umpire concluded that however laudatory his motive were he cannot in law furnish "just cause" for the delay though the motives may be seen as "good cause". Unfortunately, the terms are not in law, synonymous.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate waiting for job existing opportunity

Decision 23803 Full Text of Decision 23803

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate conscious choice need not urgent
Summary:

As in CUB 17146, I commend this claimant for attempting to obtain employment while living on his personal savings. However, it is well established that the reasons advanced by the claimant for the delay in filing do not constitute good cause as required by reg. 39.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate rationale

Decision 17146 Full Text of Decision 17146

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate conscious choice need not urgent
Summary:

Reason for delay based on very commendable desire to rely on his own financial resources without burdening government. Though he acted with utmost integrity and good faith, he did make a conscious choice and did not inform himself as to the consequencesof waiting 18 months.

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