E. L. v. Canada Employment Insurance Commission
The application was filed more than one year after the decision was communicated to the applicant, therefore the Appeal Division had no authority under s.57(2) to extend time and the application for leave to appeal must be dismissed.
Source-derived case information.
- Citation
- 2015 SSTAD 825
- Parties
- Applicant: E. L.; Respondent: Canada Employment Insurance Commission
- Court
- Social Security Tribunal of Canada
- Jurisdiction
- Canada
- Judgment Date
- 7 July 2015
- Procedural Posture
- Employment Insurance / Leave to Appeal Application
- Outcome
- Application for leave to appeal refused (dismissed as out of time)
- Legal Topics
- Leave to Appeal, Limitation Period, Extension of Time, Communication of Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E. L.
Applicant
Canada Employment Insurance Commission
Respondent
Procedural Posture
Employment Insurance / Leave to Appeal Application
Legal Issues
- 1 Whether the Appeal Division may extend the time to apply for leave to appeal beyond the one‑year limit in s.57(2)
- 2 Determination of the date the General Division decision was communicated to the applicant
Ratio Decidendi
The application was filed more than one year after the decision was communicated to the applicant, therefore the Appeal Division had no authority under s.57(2) to extend time and the application for leave to appeal must be dismissed.
Court Disposition
Application for leave to appeal refused (dismissed as out of time)
Orders
- Application for leave to appeal dismissed as out of time
Full Case Text
Judgment text and source record
1 paragraphs
E. L. v. Canada Employment Insurance Commission Collection Employment Insurance (EI) Decision date 2015-07-07 Neutral citation 2015 SSTAD 825 Reference number AD-15-167 Member Mark Borer Division Appeal Division Decision Application for leave to appeal refused Decision Content On this page Decision Decision [1] On February 2, 2014, a member of the General Division determined that the appeal of the Applicant from the previous determination of the Commission should be dismissed. On April 2, 2015, the Applicant filed an application requesting leave to appeal to the Appeal Division. [2] This application has been filed well beyond the 30-day limit set out in ss. 57(1) of the Department of Employment and Social Development Act. [3] Subsection 57(2) of the Act states that: The Appeal Division may allow further time within which an application for leave to appeal is to be made, but in no case may an application be made more than one year after the day on which the decision is communicated to the appellant. [4] In this case, the Applicant has indicated on his application that he received the General Division decision on “1423”. I interpret this to mean that he received it on March 2, 2014. This is consistent with the decision being rendered on February 2, 2014, and sent out soon thereafter. In the alternative, if I am mistaken as to the meaning of the Applicant, I find that the decision was communicated to him on or about February 12, 2014, according to s. 19 of the Social Security Tribunal Regulations. [5] Ultimately, however, whichever of these days is the true date of communication makes no difference. Either way, this application was filed more than one year after the decision was communicated to the Applicant and I therefore have no authority to grant an extension of time. [6] This application must accordingly be dismissed as out of time.