| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
waiting for job |
existing opportunity |
|
Summary:
The claimant filed an initial claim for EI benefits on October 19, 2009 and he requested that his claim be antedated to April 2009. He had delayed 27 weeks after his last day of work before filing for benefits. He explained that he had not filed a claim for benefits earlier because he was expecting to return to work in September 2009, as he had in previous years. The BOR determined that the claimant did what a reasonable person would do. The Umpire has upheld the BOR’s decision holding that the claim for benefits should be antedated, pursuant to subsection 10(4) of the Act, because he demonstrated just cause for the delay in making his claim. The FCA determined that, given the unusual facts of this case, it cannot conclude the Umpire made any error of law or fact warranting their intervention and the antedate was allowed.
