| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
ignorance of the law |
duty to enquire |
|
Summary:
The claimant took ill on a flight to the Middle East in November 2007, was hospitalized outside Canada and returned to Canada in March 2008. She reported to work in March 2008, and eventually filed a claim for benefits in May 2008, requesting that it be antedated to November 2007. The BOR correctly found that the only reason for the delay in making the claim between March and May 2008 was the claimant's unawareness of her right to do so and her failure to acquaint herself of her rights. The Umpire adopted the factual findings of the BOR but found that «special circumstances» justified granting the appeal. The FCA ruled that the Umpire erred in law by substituting his view of the facts for that of the BOR, when the BOR's appreciation of the facts was reasonable.
