Summary of Issue: Good Faith

Decision A-0242.05 Full Text of Decision A-0242.05

The Commission refused an antedate request for a nine month delay in applying for EI. The FCA stated that a reasonable person is expected to take reasonably prompt steps to determine their entitlement to EI and that ignorance of the law and good faith is insufficient to amount to good cause for delaying an application for EI.

Decision A-0341.04 Full Text of Decision A-0341.04

The Court reiterated that it is well established in case law (Smith, Rouleau, Shebid) that good faith and ignorance of the law are not valid grounds in an Application to Antedate.

Decision 56783 Full Text of Decision 56783

Claimant lost her employment on Jan. 31, 2002 but delayed filing her claim until June 24, 2002. She explained that she was actively seeking employment and lived on her savings. She submits that she should not be penalized for her efforts in trying to find employment instead of applying for benefits. Argument summarily dismissed both by BOR and Umpire. Reference made to the FCA decision in Smith (A-0549.92).

Decision 55325 Full Text of Decision 55325

Claimant delayed filing her claim for 11 weeks stating that she was not aware that she was eligible for benefits: her delay was out of pure innocence and this was a totally honest mistake. Relying on the FCA decision in Larouche (A-0644.93), Umpire held that the claimant had not acted as a reasonable and prudent person and that she should have communicated with the Commission to ascertain whether she might qualify for benefits.

Decision 52548 Full Text of Decision 52548

Claimant alleged that, as an immigrant, he was not aware that there was an Employment Insurance Act, given that no legislation of this kind existed in his country of origin. BOR took into account the claimant's level of education (doctorate) and his numerous contacts with senior officials in Canada to conclude that ignorance of the legislation alone cannot constitute good cause. Decision upheld by the Umpire.

Decision 39888 Full Text of Decision 39888

Delay in filing on the premise that benefits would not be paid until severance and vacation money had run out may have been done in good faith but is not good cause for one's failure to immediately upon leaving work to verify and apply for benefits.

Decision 31558A Full Text of Decision 31558A

A reasonable person would have acted much earlier to discover his rights and obligations. The beneficiary's complete lack of action is not justifiable. A number of FCA cases were cited: Larouche (A-644-93), Albrecht (A-172-85), Pirotte (A-108-76), Caron (A-395-85) and Smith (A-549-92).

Decision A-0004.95 Full Text of Decision A-0004.95

It has been established in this Court that good faith and ignorance of the law do not in themselves constitute a valid reason for justification, but it has also been established that they do not exclude the existence of a valid reason if the claimant demonstrates that he acted as a reasonable person.

Decision A-0185.94 Full Text of Decision A-0185.94

The second error is that the alleged new facts are not facts which could have constituted "good cause for delay". As was recently stated by this Court in LAROUCHE, good faith and ignorance of the law are not by themselves a valid excuse for not having complied with legal provisions.

Decision A-0644.93 Full Text of Decision A-0644.93

The jurisprudence is clear: good faith and ignorance of the law do not in themselves excuse a failure to comply with a legislative requirement; moreover a claimant must also show that they did what a reasonnable person would have done to satisfy themselves as to their rights and obligations.

Decision 21456 Full Text of Decision 21456

The Board decided that ignorance of the law together with the good faith of the beneficiary were the sufficient justification required by para. 9(4). That is quite contrary to the principles in CARON T. The Board thus erred in law.

Decision 13465 Full Text of Decision 13465

Did not know that he would have been entitled after working 10 weeks. Ignorance and good faith not sufficient: "Claimant did nothing to obtain information". 3 1/2 months in issue.

Decision A-0395.85 Full Text of Decision A-0395.85

Registered with employment agencies and believed she would get work any day. 14 month delay. Error as to her situation and her rights combined with good faith not sufficient. This was precisely the issue that PIROTTE and ALBRECHT addressed.

Decision 11170 Full Text of Decision 11170

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.

Decision 10873 Full Text of Decision 10873

It was pointed out that insured was sincere and honest and believed firmly that his lack of knowledge of Act should not be held against him. I am certain that he was sincere and well-intentioned but this is of no importance under 9(4). [p. 8]