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 |
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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.
Decision A0106.10
Full Text of Decision A0106.10
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
negligence |
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Summary:
The claimant was forced to retire on December 31, 2008. He filed a claim for EI benefits on March 31, 2009. He requested antedating of his claim to December 31, 2008 alleging that he believed he could not receive EI benefits while collecting a pension. After a brief review of the applicable jurisprudence, the FCA indicated that barring exceptional circumstances, a prospective claimant in the respondent's position is expected to take reasonably prompt steps to understand his obligation under the Act. Accordingly, the FCA found that the claimant had not taken such steps and had not shown good cause.
Decision A-0038.95
Full Text of Decision A-0038.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
negligence |
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Summary:
Request for antedate from 7-7-93 to 14-9-92 denied. The claimant's alleged inquiries had to do with his indebtedness to the Commission, something of which he was well aware. They could simply have no bearing on the question of whether he had good cause to delay making his claim.
Decision 17191
Full Text of Decision 17191
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
negligence |
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Summary:
Claimant stated he phoned the UI office 2 days after he quit his job but that he never received the forms and was unable to pick them up himself due to lack of transportation. 5-week delay. A question of fact correctly determined by the Board.
Decision 16525
Full Text of Decision 16525
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
negligence |
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Summary:
From 1-5 to 23-5, she was aware of her entitlement but she says only that her son was negligent in mailing the form. She does not say when the form was prepared or when she instructed her son to mail it, or how and when she discovered he had not mailed the form.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
health reasons |
|
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Decision 14362
Full Text of Decision 14362
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
negligence |
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Summary:
Kept at home for 2 months because of injury. Returned to work on 17-2 and made claim on 19-3. Simple negligence on his part [since 17-2]. If everyone waited until deadlines passed, there would be complete administrative chaos.
Decision 11718
Full Text of Decision 11718
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
negligence |
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Summary:
A reasonable person would have contacted the Commission. Her failure to file promptly was an oversight for which she herself must accept full responsibility and there is no basis on which blame can properly be ascribed to the Commission personnel.
Decision 11170
Full Text of Decision 11170
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
negligence |
|
Summary:
Parliament never intended that an insured person's apathy and carelessness could be used to absolve him, just as good faith and ignorance are not good cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
ignorance of the law |
good faith |
|
Decision 11086
Full Text of Decision 11086
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
negligence |
|
Summary:
No circumstances suggested such as illness or illiteracy. The need for promptitude should not be lightly ignored. Not reasonable for one to make no effort to even ascertain eligibility and then to apply a year after. Claimants must take some responsibility.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
ignorance of the law |
not an excuse |
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Decision 10872
Full Text of Decision 10872
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
negligence |
|
Summary:
Until 1-12, claimant was unaware that UI could be collected without having worked for 1 full year, so did not apply in August. Did not act as a reasonable person. Failure due to oversight for which he must accept responsibility. Most negligent in waiting that long. [p. 17]
Decision 53568
Full Text of Decision 53568
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
preoccupation |
|
Summary:
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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
waiting for grievance settlement or judgment |
|
|
| antedate |
misinformation from third party |
|
|
Decision A-0360.95
Full Text of Decision A-0360.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
preoccupation |
|
Summary:
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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
misinformation from third party |
|
|
| antedate |
waiting for grievance settlement or judgment |
|
|
Decision A-1000.92
Full Text of Decision A-1000.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
preoccupation |
|
Summary:
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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| claim procedure |
discretionary power waiver or variation of requirements |
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Decision 21227
Full Text of Decision 21227
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
preoccupation |
|
Summary:
Refer to: A-1000.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| claim procedure |
discretionary power waiver or variation of requirements |
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|
Decision 20557
Full Text of Decision 20557
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
preoccupation |
|
Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
preoccupation |
|
Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
preoccupation |
|
Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
preoccupation |
|
Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
preoccupation |
|
Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
conscious choice |
preoccupation |
|
Summary:
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.
