Decision A0106.10

Case Number Claimant Judge Language Decision date
Decision A0106.10 Somwaru  Sexton  English 2010-12-09
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Commission  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  conscious choice  negligence 


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.

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