DM v Canada Employment Insurance Commission

DM v Canada Employment Insurance Commission

The Tribunal found the reconsideration decision was communicated to the Claimant on May 15, 2020 (supported by Commission notes of a telephone call informing her of disqualification and appeal rights), and the appeal filed June 28, 2021 was more than one year later; therefore subsection 52(2) DESD Act bars the late appeal and it must not proceed.

Citation
2021 SST 566
Parties
Claimant: D. M.; Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
12 July 2021
Procedural Posture
Employment Insurance / General Division Timeliness Determination
Outcome
Appeal dismissed as not brought within the one-year limitation; will not proceed.
Legal Topics
Limitation Period, Reconsideration Decision, Communication of Decision, Appeal Procedure
Source Language
English
Employment Insurance Administrative Law Tribunal Procedure Limitation Period Reconsideration Decision Communication of Decision Appeal Procedure

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Parties

D. M.

Claimant

Canada Employment Insurance Commission

Commission

Procedural Posture

Employment Insurance / General Division Timeliness Determination

Legal Issues

  1. 1 Whether the appeal was brought within the one-year limitation under subsection 52(2) of the Department of Employment and Social Development Act
  2. 2 Whether the Commission's reconsideration decision was communicated to the Claimant on May 15, 2020

Ratio Decidendi

The Tribunal found the reconsideration decision was communicated to the Claimant on May 15, 2020 (supported by Commission notes of a telephone call informing her of disqualification and appeal rights), and the appeal filed June 28, 2021 was more than one year later; therefore subsection 52(2) DESD Act bars the late appeal and it must not proceed.

Court Disposition

Appeal dismissed as not brought within the one-year limitation; will not proceed.

Orders

  • Appeal to the General Division dismissed as not brought within one-year limitation under s.52(2) of the Department of Employment and Social Development Act.