Canada ( Attorney General ) v. Smith
A-549-92
Stone J.A.
22/4/93
3 pp.
Application to set aside Umpire's decision allowing appeal from decision of Board of Referees -- Respondent waiting six months after employment ended to claim unemployment insurance benefits, during which time actively seeking employment -- Unemployment Insurance Act, s. 9(4) and Unemployment Insurance Regulations, s. 39 providing claim may be antedated when good cause for delay shown -- "Good cause" if did what reasonable and prudent person would have done in same circumstances -- Inaction and submissiveness understandable only in very exceptional circumstances: Canada (Attorney General) v. Caron (1986), 69 N.R. 132 (F.C.A.) -- Respondent consciously opted to seek new employment rather than exercise right to unemployment insurance benefits -- While attitude laudatory, not "good cause" -- Respondent acted in good faith -- Delay in making claim induced by best possible motives of seeking new employment rather than relying upon unemployment insurance benefits -- Under present state of law such motives not "good cause" for delay in making claim, allowing respondent to antedate it -- Unemployment Insurance Act, s. 9(4), R.S.C., 1985, c. U-1, s. 9(4) -- Unemployment Insurance Regulations, C.R.C., c. 1576, s. 39 (as am. by SOR/81-626, s. 1).