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Decision A0106.10 Full Text of Decision A0106.10

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

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.


Decision A-0038.95 Full Text of Decision A-0038.95

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

Request for antedate from 7-7-93 to 14-9-92 denied. The claimant's alleged inquiries had to do with his indebtedness to the Commission, something of which he was well aware. They could simply have no bearing on the question of whether he had good cause to delay making his claim.


Decision 17191 Full Text of Decision 17191

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

Claimant stated he phoned the UI office 2 days after he quit his job but that he never received the forms and was unable to pick them up himself due to lack of transportation. 5-week delay. A question of fact correctly determined by the Board.


Decision 16525 Full Text of Decision 16525

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

From 1-5 to 23-5, she was aware of her entitlement but she says only that her son was negligent in mailing the form. She does not say when the form was prepared or when she instructed her son to mail it, or how and when she discovered he had not mailed the form.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate health reasons

Decision 14362 Full Text of Decision 14362

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

Kept at home for 2 months because of injury. Returned to work on 17-2 and made claim on 19-3. Simple negligence on his part [since 17-2]. If everyone waited until deadlines passed, there would be complete administrative chaos.


Decision 11718 Full Text of Decision 11718

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

A reasonable person would have contacted the Commission. Her failure to file promptly was an oversight for which she herself must accept full responsibility and there is no basis on which blame can properly be ascribed to the Commission personnel.


Decision 11170 Full Text of Decision 11170

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

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.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate ignorance of the law good faith

Decision 11086 Full Text of Decision 11086

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

No circumstances suggested such as illness or illiteracy. The need for promptitude should not be lightly ignored. Not reasonable for one to make no effort to even ascertain eligibility and then to apply a year after. Claimants must take some responsibility.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate ignorance of the law not an excuse

Decision 10872 Full Text of Decision 10872

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

Until 1-12, claimant was unaware that UI could be collected without having worked for 1 full year, so did not apply in August. Did not act as a reasonable person. Failure due to oversight for which he must accept responsibility. Most negligent in waiting that long. [p. 17]

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