Decision A0223.12
Full Text of Decision A0223.12
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
very exceptional circumstances |
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Summary:
(101 other similar cases) The Seasonal Agricultural Workers Program (SAWP) has been in effect for many years and enables employers in the agricultural sector to recruit temporary workers from the time of crop planting to harvesting. The claimants applied for EI parental benefits between 2008 and 2010 and requested that their applications be antedated for periods ranging from 6 months to 18 years. They alleged that they were unable to apply for parental benefits earlier due to their difficult working conditions, language barriers, low education levels, limited access to information, and isolation from the community. The Commission denied their antedate requests. The FCA found that the Umpire erred in law in failing to take into account the general barriers facing SAWP workers and their individual situations in claiming EI benefit. The FCA also found that migrant workers face "unique disadvantages in the Canadian labour market".
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
good cause |
special benefits |
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Decision A-0216.93
Full Text of Decision A-0216.93
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
very exceptional circumstances |
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Summary:
Since the appreciation of good cause requires an examination of all the circumstances it would have been an error for the Board not to consider claimant's illness. There is no sacramental formula which requires the trier to use a specific form of words such as "exceptional circumstances".
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
health reasons |
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| antedate |
waiting for job |
searching for work |
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| board of referees |
errors in law |
misinterpretation of facts |
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Decision A-0549.92
Full Text of Decision A-0549.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
very exceptional circumstances |
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Summary:
No attempt in CARON to spell out which sort of circumstances would be "very exceptional". Here, the claimant made no attempt throughout the 6-month period to submit a claim, and there appears to have been no circumstance which rendered exceptionnally difficult the making of a claim at the outset.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
good cause |
test to apply |
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| antedate |
waiting for job |
searching for work |
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Decision A-0395.85
Full Text of Decision A-0395.85
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
very exceptional circumstances |
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Summary:
There could be cases in which inaction and submissiveness would be understandable regardless, but the circumstances would have to be very exceptional, and I do not think that such inaction could remain understandable when it has lasted for over 14 months as here.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
ignorance of the law |
good faith |
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| antedate |
ignorance of the law |
not an excuse |
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| antedate |
waiting for job |
searching for work |
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| antedate |
ignorance of the law |
duty to enquire |
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| antedate |
good cause |
test to apply |
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