LP v Canada Employment Insurance Commission and X

LP v Canada Employment Insurance Commission and X

The applicant was deemed to have received the General Division decision on June 29, 2020, making the 30-day appeal deadline July 29, 2020; the application filed August 3, 2023 was more than one year late and s.57(2) DESDA bars any proceeding for applications made more than one year after communication, therefore the extension of time must be refused and the application cannot proceed.

Citation
2023 SST 794
Parties
Applicant/claimant: L. P.; Respondent/commission: Canada Employment Insurance Commission; Added Party (employer): X
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
14 November 2023
Procedural Posture
Employment Insurance Appeal (social Security Tribunal) / Extension of Time Decision (appeal Division)
Outcome
Extension of time to file application refused; application will not proceed.
Legal Topics
Just Cause for Leaving, Extension of Time, Late Appeals, Receipt and Communication of Decisions
Source Language
English
Employment Insurance Administrative Law Tribunal Procedure Statutory Limitation Just Cause for Leaving Extension of Time Late Appeals Receipt and Communication of Decisions

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Parties

L. P.

Applicant/claimant

Canada Employment Insurance Commission

Respondent/commission

X

Added Party (employer)

Procedural Posture

Employment Insurance Appeal (social Security Tribunal) / Extension of Time Decision (appeal Division)

Legal Issues

  1. 1 Was the application to the Appeal Division filed within the prescribed time?
  2. 2 Can the Tribunal extend the time for filing given the delay?

Ratio Decidendi

The applicant was deemed to have received the General Division decision on June 29, 2020, making the 30-day appeal deadline July 29, 2020; the application filed August 3, 2023 was more than one year late and s.57(2) DESDA bars any proceeding for applications made more than one year after communication, therefore the extension of time must be refused and the application cannot proceed.

Court Disposition

Extension of time to file application refused; application will not proceed.

Orders

  • Refuse extension of time to apply to the Appeal Division.
  • Dismiss the application for leave to appeal as it will not proceed due to statutory time bar.