| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
ignorance of the law |
duty to enquire |
|
Summary:
The claimant quit his employment on October 5, 2007, to move with his spouse to a new city. Based on information that he obtained from the Service Canada (SC) website, the claimant understood that he could not qualify for EI benefits because he quit his job. On September 14, 2009, he applied for regular EI benefits. The claimant asked that his claim be antedated to October 5, 2007. The Commission determined that he did not have good cause for the delay in applying for EI benefits. The FCA upheld the Umpire’s decision, finding that the SC website cannot be relied on solely as an authority. The FCA held that it is incumbent upon a reasonable person to inquire with the Commission to determine what his or her rights and obligations are in the circumstances or to make an application and allow the Commission to make a determination of one’s eligibility.
