Antedate

Questions to Answer
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?
References
Act: subsections 10(1), 10(4), 10(5) Regulations: section 26 Cross Reference: "Claim Procedure"
Legal test
"good cause for delay" - whether the claimant did what a reasonable person in his situation would have done to satisfy himself as to his rights and obligations ALBRECHT A-172-85
Onus of proof
*Claimant* must prove they qualify on the earlier date and must show good cause for delay throughout the entire period
Key Case Law
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 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. TITERLE 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.