• Home

    • Antedate

    II. Principles of Law

    (b) Who Qualifies for Antedate

    In order to receive antedate, a claimant must establish that:

    1. he or she was qualified to receive benefits on the date for which the antedate is sought; and,
    2. he or she had good cause for the delay between the date the claim is actually made and the date to which the claim is to be antedated.

    Canada (A.G.) v. Read [1994], F.C.J. No. 359 (F.C.A.)  A-371-93

    It is up to a claimant to ask the Commission to antedate a claim. If a claimant does not ask the Commission for antedate, the matter cannot be raised before the Board of Referees since the Board cannot decide a matter which is not raised by the claimant with the Commission.

    Canada (A.G.) v. Read [1994], F.C.J. No. 359 (F.C.A.)  A-371-93

     

    [  previous  |  table of contents  |  next  ]

    2009-04-28