Antedate

Initial Claim

• Does claimant qualify on the earlier day?
• Does claimant have good cause for delay throughout the entire period?

Other Than Initial Claim (See also "Claim Procedure")

• Did claimant make a claim for benefit within the time prescribed? (by Regulation section 26 Employment Insurance Regulations)
• Did claimant have good cause for delay throughout the entire period?

 
Claimant must prove they qualify on the earlier date and must show good cause for delay throughout the entire period

*SOMWARU A-106-10 Judgment Of The Federal Court Of Appeal: Good cause was not found based on the claimant’s argument he had delayed in filing because he believed he could not receive benefits while collecting a pension.

McBRIDE  A-340-08 Judgment Of The Federal Court Of Appeal: It is not the duration of the delay, but the reasons for the delay in applying for benefits that must be taken into account.

MALITSKY A-205-96 Judgment Of The Federal Court Of Appeal:  Qualifying on earlier date and delay. Alleged misinformation.

EHMAN A-360-95 Judgment Of The Federal Court Of Appeal:  Delay. Consciously delayed filing at lawyer's request pending resolution of child support issue

LAJEUNESSE A-38-95 Judgment Of The Federal Court Of Appeal:  Delay. Hoping to reduce overpayment by not claiming benefits earlier. Made enquiries as to his indebtedness

OUIMET A-290-09 Judgment Of The Federal Court Of Appeal:  Thinking he was not entitled to benefits after losing his employment; that he had been guaranteed new employment, that he had had to wait for three weeks before receiving an ROE; and that he was again seeking employment, are not good causes for the delay for a six-week delay.

*TRINH A-105-10 Judgment Of The Federal Court Of Appeal: Delay due to misinformation did not amount to good cause. The claimant did not submit any details on who had provided her with the wrong information.

BRACE  A-481-07  Judgment Of The Federal Court Of Appeal , SCOTT A-403-07 Judgment Of The Federal Court Of Appeal  : Duty to enquire about the rights and obligations and the steps that should be taken to protect a claim for benefits, CARRY A-242-05 Judgment Of The Federal Court Of Appeal, BEAUDIN A-341-04 Judgment Of The Federal Court Of Appeal,LABRECQUE A-690-94 Judgment Of The Federal Court Of Appeal, LAROUCHE A-644-93 Judgment Of The Federal Court Of Appeal, CARON A-395-85 Judgment Of The Federal Court Of Appeal: Ignorance of the law & good faith vs reasonable effort made to determine requirements. CARON also refers to "exceptional circumstances"

*INNES A-108-10 Judgment Of The Federal Court Of Appeal: The Court could not find the claimant had good cause for delay and stated: “She assumed (incorrectly) that she did not have enough hours to be eligible to make a claim, but took no steps to validate that assumption.”

PARK  A-706-94 Judgment Of The Federal Court Of Appeal:  Delay. Mistaken belief that she did not have enough insured weeks to qualify.

SGRO  A-268-94 Judgment Of The Federal Court Of Appeal:  Delay. Delayed renewal claim after drawing maternity-parental. Assumed she needed record of employment.

FINGARD  A-509-94 Judgment Of The Federal Court Of Appeal: Delay. 3 years - waiting for record of employment and wrongful dismissal claim.

ROY  A-216-93 Judgment Of The Federal Court Of Appeal:  Delay. 6 months. Examination of all the circumstances. "Exceptional circumstances" and illness considered.

LAROUCHE  A-644-93 Judgment Of The Federal Court Of Appeal:  11 month delay until course completed.

*HOWARD A-283-10 Judgment Of The Federal Court Of Appeal: The claimant argued he had delayed in filing as had been looking for employment while living on his severance package and his savings. He had not wanted to go to the government with his hand out. The Court dismissed the claimant’s appeal and could not find good cause had been shown.

SMITH  A-549-92 Judgment Of The Federal Court Of Appeal: Conscious delay of 6 months while seeking work.

GAUTHIER  A-1789-83 Judgment Of The Federal Court Of Appeal:  Conscious delay.

CUB 34339 Umpire Decision:  The delay in applying for special benefits can be more forgivable than regular benefits as the Commission suffers no prejudice.

READ  A-371-93 Judgment Of The Federal Court Of Appeal:  6-week delay. Antedate requirements considered.

SHEBIB  A-24-01 Judgment Of The Federal Court Of Appeal: 11 month delay as in receipt of severance monies and legal advice that he would not be entitled during the allocation period.