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)
• 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

 

McBRIDE  A-340-08: 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:  Qualifying on earlier date and delay. Alleged misinformation.

EHMAN A-360-95:  Delay. Consciously delayed filing at lawyer's request pending resolution of child support issue

LAJEUNESSE A-38-95:  Delay. Hoping to reduce overpayment by not claiming benefits earlier. Made enquiries as to his indebtedness

OUIMET – A-290-09:  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.

BRACE  A-481-07 , SCOTT A-403-07  : 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, BEAUDIN A-341-04,LABRECQUE A-690-94, LAROUCHE A-644-93, CARON A-395-85: Ignorance of the law & good faith vs reasonable effort made to determine requirements. CARON also refers to "exceptional circumstances"

PARK  A-706-94:  Delay. Mistaken belief that she did not have enough insured weeks to qualify.

SGRO  A-268-94:  Delay. Delayed renewal claim after drawing maternity-parental. Assumed she needed record of employment.

FINGARD  A-509-94: Delay. 3 years - waiting for record of employment and wrongful dismissal claim.

ROY  A-216-93:  Delay. 6 months. Examination of all the circumstances. "Exceptional circumstances" and illness considered.

LAROUCHE  A-644-93:  11 month delay until course completed.

SMITH  A-549-92: Conscious delay of 6 months while seeking work.

GAUTHIER  A-1789-83:  Conscious delay.

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

READ  A-371-93:  6-week delay. Antedate requirements considered.

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