Decision A-0108.76

Case Number Claimant Judge Language Decision date
Decision A-0108.76 Pirotte N.  Federal  French 1976-11-08
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  rationale 

Summary:

It is clear from ss. 20(1) and 53 to 55 that making claim in prescribed manner is a condition of entitlement to benefit. It seems that the Act wishes to encourage speedy making claims quickly to ensure that the insured is entitled to benefit.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  misinformation from third party 

Summary:

Insured knew she was entitled to claim benefit but not how to do so. Sought information from employer who misled her. Error of law, regardless of the cause, unless caused by the CEIC, is not a reason to justify delay.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  ignorance of the law  not an excuse 

Summary:

It must be assumed that when Parliament referred to "just cause" it did not intend to depart from the general principles of law. It is a fundamental principle that ignorance of the law does not excuse failure to comply with a statutory requirement.


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