Claim Procedure

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Questions to Answer



  1. Has claimant made a claim for benefits (initial or continuing) in the form and manner directed by the Commission?
  2. Has claimant complied with the conditions or requirements to prove eligibility for benefits?


References


 
Act: sections 48 Employment Insurance Act, 49 Employment Insurance Act, 50 Employment Insurance Act
Regulations: section 26 Employment Insurance Regulations 


Legal test


 
A person must make a claim for benefits in the form and manner directed by the Commission and must prove that:
  1. the person meets the requirements for receiving benefits; and
  2. no circumstances or conditions exist that have the effect of disentitling or disqualifying the person from receiving benefits. subsection 49(1) Employment Insurance Act



Onus of proof


 
Claimant must prove entitlement to benefit

Key Case Law

FALARDEAU A-396-85 Judgment Of The Federal Court Of Appeal:  See Legal test.

PAQUETTE A-597-05 Judgment Of The Federal Court Of Appeal:  Claimants are not compelled to submit a claimant's report for the waiting period.

KACHMAN A-757-85 Judgment Of The Federal Court Of Appeal:  Claim for benefit during disentitlement or disqualification.

SMITH A-330-93 Judgment Of The Federal Court Of Appeal:  "A claim for benefits" vs "an initial claim for benefits"

CHOW A-1000-92 Judgment Of The Federal Court Of Appeal:  Good cause for delay - returning report cards.

CHINOOK A-117-97 Judgment Of The Federal Court Of Appeal, HARBOUR A-541-85 Judgment Of The Federal Court Of Appeal:  Need to prove conditions initially and ongoing

VILACA A-370-99 Judgment Of The Federal Court Of Appeal:  An information session can be considered as an "interview" for the purposes of subparagraph 27(1)(d)(i) Employment Insurance Act.

HERRERA A-397-99 Judgment Of The Federal Court Of Appeal:  Proof of directing claimant to an interview required.



Quick Reference