(a) What is Antedate
When a claimant delays in filing an application for benefits, the antedate provisions may allow the late application to be recognized as having been made earlier than it actually was. The purpose of antedate is to allow a claimant to be put in the position he or she would have been in had the delay in filing their claim for benefits not occurred.
Canada (A.G.) v. Piche, [1981] 2 F.C. 311 (F.C.A.) A-284-80
Canada (A.G) v. Dunnington, [1984] 2 F.C. 978 (F.C.A.) A-1865-83
Subsection 10(4) of the Act contains a policy, in the form of a requirement, which is instrumental in the sound and efficient administration of the Act. On the one hand, this policy helps to assure the proper administration and the efficient processing of various claims and to enable the Commission to review constantly the continuing eligibility of a claimant to whom benefits are being paid. The obligation and duty to promptly file a claim is seen as very demanding and strict and therefore “good cause for delay” is cautiously applied.
Canada (A.G.) v. Beaudin, [2005] F.C.J. No. 588 (F.C.A.) A- 341-04
Canada (A.G.) v. Brace, 2008 FCA 118 A-481-07
Canada (A.G.) v. Scott, 2008 FCA 145 A-403-07
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2009-04-29