JJ v Canada Employment Insurance Commission

JJ v Canada Employment Insurance Commission

Refusal of the extension: the application was more than two months late and the applicant failed to provide a reasonable explanation given documentary evidence that he received the General Division decision and contacted the Tribunal shortly after receipt; prior engagement with appeal processes further undermined...

Source-derived case information.

Citation
2024 SST 116
Parties
Applicant: J. J.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
8 February 2024
Procedural Posture
Employment Insurance / Appeal Division Extension of Time Request
Outcome
Extension of time to apply to the Appeal Division refused; application will not proceed.
Legal Topics
Misconduct, Reason for Dismissal, Late Appeals, Extension of Time
Source Language
english
Employment Insurance Administrative Law Appeal Procedure Social Security Tribunal Practice Misconduct Reason for Dismissal Late Appeals Extension of Time

Source-derived case record

Summary, issues, holding and outcome

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Parties

J. J.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal Division Extension of Time Request

Legal Issues

  1. 1 Was the application to the Appeal Division filed late?
  2. 2 Should the Appeal Division extend the time for filing the application?
  3. 3 Whether the applicant provided a reasonable explanation for the delay

Ratio Decidendi

Refusal of the extension: the application was more than two months late and the applicant failed to provide a reasonable explanation given documentary evidence that he received the General Division decision and contacted the Tribunal shortly after receipt; prior engagement with appeal processes further undermined the excuse of lack of notice.

Court Disposition

Extension of time to apply to the Appeal Division refused; application will not proceed.

Orders

  • Extension of time to apply to the Appeal Division is refused.
  • The application to the Appeal Division will not proceed.