What is the burden of proof for a delay in making a claim for disability benefits?

Canada (Federal), Canada

The following excerpt is from W. B. v Canada Employment Insurance Commission, 2018 SST 1057 (CanLII):

The burden of proof rests on the Appellant. He therefore had to show that, barring exceptional circumstances, he took “reasonably prompt steps” to protect his benefits (Attorney General of Canada v. Carry, 2005 FCA 367). Did the Appellant show good cause for the delay in making his initial claim for benefits throughout the entire period of the delay?

Yes. Even though he did not take any action to enquire about his benefits, his circumstances were exceptional, and he therefore acted as reasonable person would have done in his situation. If claimants have not taken “reasonably prompt steps” to follow up on their obligations under the Act, then exceptional circumstances can excuse this lack of action (Attorney General of Canada v. Somwaru, 2010 FCA 336).

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