E. H. v. Canada Employment Insurance Commission

E. H. v. Canada Employment Insurance Commission

The Tribunal concluded the Commission acted judicially in refusing to extend time because it considered relevant factors and reasonably found the Appellant did not provide a reasonable explanation for the delay nor demonstrate a continuing intention to request reconsideration; because the first two required criteria...

Source-derived case information.

Citation
2018 SST 1402
Parties
Appellant: E. H.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
13 April 2018
Procedural Posture
Employment Insurance Appeal Extension of Time for Reconsideration / Hearing and Decision at Social Security Tribunal General Division
Outcome
Appeal dismissed
Legal Topics
Reconsideration Request, Extension of Time, Discretionary Decision Review, Notice of Violation and Penalty
Source Language
english
Employment Law Administrative Law Social Security Law Reconsideration Request Extension of Time Discretionary Decision Review Notice of Violation and Penalty

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Parties

E. H.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal Extension of Time for Reconsideration / Hearing and Decision at Social Security Tribunal General Division

Legal Issues

  1. 1 Whether the Commission acted judicially in refusing to extend the 30-day period to request reconsideration of the July 13, 2015 decision
  2. 2 Whether the Appellant provided a reasonable explanation and demonstrated a continuing intention as required by the Reconsideration Request Regulations s.1(1)
  3. 3 Whether the additional criteria in s.1(2) applied given the request was made after 365 days

Ratio Decidendi

The Tribunal concluded the Commission acted judicially in refusing to extend time because it considered relevant factors and reasonably found the Appellant did not provide a reasonable explanation for the delay nor demonstrate a continuing intention to request reconsideration; because the first two required criteria were not met, failure to fully address the s.1(2) factors did not render the decision non‑judicial and the refusal to extend time was upheld.

Court Disposition

Appeal dismissed

Orders

  • Extension of time to request reconsideration denied
  • Decision of the Canada Employment Insurance Commission dated July 13, 2015 not reconsidered