SS v Canada Employment Insurance Commission

SS v Canada Employment Insurance Commission

The Commission failed to exercise its discretion judicially by not considering the claimant's inability to read and related mental health issues as relevant factors; on reconsideration of those factors the claimant had a reasonable explanation for the delay and demonstrated a continuing intention, so an extension of time to file a reconsideration request must be granted.

Citation
2021 SST 252
Parties
Appellant/claimant: S. S.; Respondent/commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 March 2021
Procedural Posture
Employment Insurance Reconsideration Extension Appeal / General Division Decision on Extension of Time to Request Reconsideration
Outcome
Appeal allowed
Legal Topics
Extension of Time, Reconsideration, Overpayment, Capability to Work, Literacy and Disability, Mental Health
Source Language
English
Administrative Law Social Security Law Employment Insurance Extension of Time Reconsideration Overpayment Capability to Work Literacy and Disability +1 more

Case Brief

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Parties

S. S.

Appellant/claimant

Canada Employment Insurance Commission

Respondent/commission

Procedural Posture

Employment Insurance Reconsideration Extension Appeal / General Division Decision on Extension of Time to Request Reconsideration

Legal Issues

  1. 1 Whether the reconsideration request was filed outside the 30-day limit
  2. 2 Whether the Commission exercised its discretion judicially when refusing to extend time
  3. 3 Whether the claimant had a reasonable explanation for the delay

Ratio Decidendi

The Commission failed to exercise its discretion judicially by not considering the claimant's inability to read and related mental health issues as relevant factors; on reconsideration of those factors the claimant had a reasonable explanation for the delay and demonstrated a continuing intention, so an extension of time to file a reconsideration request must be granted.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Claimant granted an extension of time to file a reconsideration request