HM v Canada Employment Insurance Commission

HM v Canada Employment Insurance Commission

The application for leave to appeal was filed outside the 30‑day limit (deemed receipt July 27, 2022; deadline August 26, 2022) and the claimant failed to provide a reasonable explanation for the delay; her belief the appeal would be unfair and unspecific personal circumstances did not justify an extension, therefore the request for an extension of time is refused and the appeal does not proceed.

Citation
2023 SST 272
Parties
Claimant: H. M.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
13 March 2023
Procedural Posture
Employment Insurance Leave to Appeal to Appeal Division / Extension of Time Decision Refusing Leave to Appeal
Outcome
Extension of time to file application for leave to appeal refused; appeal will not proceed
Legal Topics
Extension of Time, Leave to Appeal, Timeliness, Reconsideration, Communication of Decision
Source Language
English
Employment Insurance Administrative Law Social Security Procedural Law Extension of Time Leave to Appeal Timeliness Reconsideration +1 more

Case Brief

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Parties

H. M.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Leave to Appeal to Appeal Division / Extension of Time Decision Refusing Leave to Appeal

Legal Issues

  1. 1 Whether the application to the Appeal Division was filed within the 30‑day statutory time limit
  2. 2 Whether the General Division decision was communicated and the date of receipt
  3. 3 Whether the claimant provided a reasonable explanation for the delay

Ratio Decidendi

The application for leave to appeal was filed outside the 30‑day limit (deemed receipt July 27, 2022; deadline August 26, 2022) and the claimant failed to provide a reasonable explanation for the delay; her belief the appeal would be unfair and unspecific personal circumstances did not justify an extension, therefore the request for an extension of time is refused and the appeal does not proceed.

Court Disposition

Extension of time to file application for leave to appeal refused; appeal will not proceed

Orders

  • Extension of time refused
  • Application for leave to appeal not considered