BE v Canada Employment Insurance Commission

BE v Canada Employment Insurance Commission

Because the reconsideration decision was communicated by May 31, 2017 and the appeal was not filed until September 14, 2025, the appeal was brought more than one year after communication and is barred by subsection 52(2) of the DESD Act; no extension of time was granted and the appeal does not proceed.

Source-derived case information.

Citation
2025 SST 1161
Parties
Appellant: B. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
9 October 2025
Procedural Posture
Employment Insurance Appeal / Extension of Time Request Refused; Admissibility Determined (appeal Dismissed as Out of Time)
Outcome
Appeal dismissed as time‑barred; extension of time refused.
Legal Topics
Time Limit, Reconsideration Decision, Extension of Time, Communication of Decision
Source Language
english
Employment Insurance Administrative Law Social Security Tribunal Procedure Time Limit Reconsideration Decision Extension of Time Communication of Decision

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Parties

B. E.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Extension of Time Request Refused; Admissibility Determined (appeal Dismissed as Out of Time)

Legal Issues

  1. 1 Whether the appeal was brought within the one‑year time limit under subsection 52(2) of the Department of Employment and Social Development Act
  2. 2 When the Respondent's reconsideration decision was communicated to the Appellant
  3. 3 Whether an extension of time should be granted

Ratio Decidendi

Because the reconsideration decision was communicated by May 31, 2017 and the appeal was not filed until September 14, 2025, the appeal was brought more than one year after communication and is barred by subsection 52(2) of the DESD Act; no extension of time was granted and the appeal does not proceed.

Court Disposition

Appeal dismissed as time‑barred; extension of time refused.

Orders

  • Appeal dismissed as time‑barred under subsection 52(2) of the Department of Employment and Social Development Act
  • No extension of time to file the appeal granted