Claim Procedure

Questions to Answer
Has claimant made a claim for benefits (initial or continuing) in the form and manner directed by the Commission? Has claimant complied with the conditions or requirements to prove eligibility for benefits?
References
Act: sections 48, 49, 50 Regulations: section 26
Legal test
A person must make a claim for benefits in the form and manner directed by the Commission and must prove that: the person meets the requirements for receiving benefits; and no circumstances or conditions exist that have the effect of disentitling or disqualifying the person from receiving benefits. subsection 49(1) Eligibility to be established on the balance of probabilities FALARDEAU A-396-85
Onus of proof
*Claimant* must prove entitlement to benefit
Key Case Law
FALARDEAU A-396-85: See Legal test. PAQUETTE A-597-05: Claimants are not compelled to submit a claimant's report for the waiting period. KACHMAN A-757-85: Claim for benefit during disentitlement or disqualification. SMITH A-330-93: "A claim for benefits" vs "an initial claim for benefits" CHOW A-1000-92: Good cause for delay - returning report cards. CHINOOK A-117-97, HARBOUR A-541-85 : Need to prove conditions initially and ongoing VILACA A-370-99: An information session can be considered as an "interview" for the purposes of subparagraph 27(1)(d)(i). HERRERA A-397-99: Proof of directing claimant to an interview required.