Summary of Issue: Preoccupation

Decision 53568 Full Text of Decision 53568

Claimant delayed filing his application for benefits for over 4 years. He stated that he relied on the advice of his legal counsel who advised him not to file a claim for benefits, while the litigation with his former employer was in progress. Referring to the FCA decision in Ehman (A-0360.95), the Umpire held that the test is to demonstrate what a reasonable and prudent person would do and that the claimant failed to demonstrate adherence thereto. Reliance on the advice of his lawyer will not be accepted as "good cause" to explain the delay.

Decision A-0360.95 Full Text of Decision A-0360.95

Following legal advice, claimant delayed in filing her application until settlement by the Court concerning child maintenance payments. Acted in her own best interests but not as would any reasonable and prudent person. Did not possess unilateral right to defer receipt of monies otherwise payable.

Decision A-1000.92 Full Text of Decision A-1000.92

The Umpire found that the delay of 4 or 7 weeks cannot be considered inordinate given the claimant's particular circumstances, i.e. the move to Calgary from Toronto, settling in Calgary, the unexpected return to Toronto and lack of familiarity. The Court was not persuaded that it should interfere.

Decision 21227 Full Text of Decision 21227

Refer to: A-1000.92

Decision 20557 Full Text of Decision 20557

Delay of 4 weeks. In the light of all this evidence it is reasonable to conclude that the delay occurred in large part because the claimant was on holidays. I cannot conclude, then, that good cause for delay has been demonstrated.

Decision 16788 Full Text of Decision 16788

The insured person was on a fishing boat off Newfoundland. Because of the ice, nothing came of the fishing and it was only on his return that he was able to apply for benefits. In my view, this is a good cause for delay.

Decision 13983 Full Text of Decision 13983

Despite full calendar [moving and registering children for school] she could have contacted CEIC when she arrived in Windsor. Formalities not very complicated. 7 weeks in issue.

Decision 13623 Full Text of Decision 13623

Charged with theft, insured wanted to prove her innocence before claiming benefit. She made claim once the police investigation was over. 4 months in issue. Finding of board neither perverse nor capricious.

Decision 11541 Full Text of Decision 11541

Left his employment in Ontario to move to B.C. Left Ontario by car on 14-8. He experienced car problems and, on more than one occasion, waited at a campground for his wandering cat to return. Claim filed in B.C. on 5-9.

Decision 11172 Full Text of Decision 11172

7 months in issue; had to disappear from circulation because of murder attempt; prosecution witness at trial of assailant; lawyer by profession; seeking employment. Case allowed by board; question of fact.