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Difference between revisions of "Benefit Period of Employment Insurance (8:V)"
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Benefit Period of Employment Insurance (8:V) (view source)
Revision as of 18:26, 29 August 2023
, 18:26, 29 August 2023→B. Antedating
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== B. Antedating == | == B. Antedating == | ||
If an application for EI benefits was not filed within the first four weeks after the week in which the claimant experienced their interruption of earnings, they can ask that the claim be antedated back to the first date when it could have been filed under s. 10(4). The claimant must establish that good cause existed for the delay in filing. “Good cause” must be demonstrated for each day until the date the application was actually made. If the claim is filed within the first four weeks, it is automatically antedated to the first date of eligibility. | If an application for EI benefits was not filed within the first four weeks after the week in which the claimant experienced their interruption of earnings, they can ask that the claim be antedated back to the first date when it could have been filed under s. 10(4). The claimant must establish that good cause existed for the delay in filing. “Good cause” must be demonstrated for each day until the date the application was actually made. If the claim is filed within the first four weeks, it is automatically antedated to the first date of eligibility. | ||
:'''What is “Good Cause”?''' Good cause has typically been interpreted narrowly. Simple ignorance of the requirements of the EI Act has not been considered good cause, though reasonable reliance on bad advice from the employer, union, a legal advisor, or the Commission itself usually meets the requirements. | :'''What is “Good Cause”?''' Good cause has typically been interpreted narrowly. Simple ignorance of the requirements of the EI Act has not been considered good cause, though reasonable reliance on bad advice from the employer, union, a legal advisor, or the Commission itself usually meets the requirements. | ||
:In [https://www.canlii.org/en/ca/fca/doc/2012/2012fca139/2012fca139.html?resultIndex=1 ''Attorney General v Burke'', 2012 FCA 139], a claimant asked for his application to be backdated because he had expected to be rehired and hence did not apply for EI until after the regular deadline. The Federal Court of Appeal upheld the previous decisions granting an antedate on the basis that the claimant had done what a reasonable person would do. | |||
In [https://www.canlii.org/en/ca/fca/doc/2012/2012fca139/2012fca139.html?resultIndex=1 ''Attorney General v Burke'', 2012 FCA 139], a claimant asked for his application to be backdated because he had expected to be rehired and hence did not apply for EI until after the regular deadline. The Federal Court of Appeal upheld the previous decisions granting an antedate on the basis that the claimant had done what a reasonable person would do. | |||
== C. Income That is Treated as Earnings == | == C. Income That is Treated as Earnings == | ||
