DF v Canada Employment Insurance Commission

DF v Canada Employment Insurance Commission

The request for an extension of time to file to the Appeal Division is refused because the applicant was 70 days late and, critically, lacks an arguable case: the alleged procedural errors either did not occur (no witnesses existed to be cross-examined), were not raised in time, or are unsupported by the record; therefore extending time would not be in the interests of justice.

Citation
2021 SST 12
Parties
Applicant / Claimant: D. F.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 January 2021
Procedural Posture
Employment Insurance (ei) Appeal / Appeal Division – Request for Extension of Time to File Application
Outcome
Request for an extension of time to file an application to the Appeal Division refused; leave to appeal would also be refused for lack of arguable case.
Legal Topics
Extension of Time, Leave to Appeal, Procedural Fairness, Backdating/antedating, Qualifying Period, Admissibility of Evidence, Cross Examination
Source Language
English
Employment Insurance Administrative Law Social Security / Benefits Tribunal Procedure Extension of Time Leave to Appeal Procedural Fairness Backdating/antedating +3 more

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Parties

D. F.

Applicant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance (ei) Appeal / Appeal Division – Request for Extension of Time to File Application

Legal Issues

  1. 1 Whether the application to the Appeal Division was filed on time
  2. 2 Whether the Appeal Division should grant an extension of time to file
  3. 3 Whether there is an arguable case/merit to grant leave to appeal

Ratio Decidendi

The request for an extension of time to file to the Appeal Division is refused because the applicant was 70 days late and, critically, lacks an arguable case: the alleged procedural errors either did not occur (no witnesses existed to be cross-examined), were not raised in time, or are unsupported by the record; therefore extending time would not be in the interests of justice.

Court Disposition

Request for an extension of time to file an application to the Appeal Division refused; leave to appeal would also be refused for lack of arguable case.

Orders

  • Extension of time to file application to the Appeal Division is refused.
  • No leave to appeal would be granted on the merits (appellant lacks an arguable case).