MC v Canada Employment Insurance Commission

MC v Canada Employment Insurance Commission

The claimant filed his reconsideration request well beyond the 30-day limit and failed to provide a reasonable explanation for the entire period of delay or evidence of a continuing intention to request reconsideration; the Commission properly exercised its discretion in denying an extension, so the appeal is dismissed and the original decision stands.

Citation
2021 SST 81
Parties
Appellant (claimant): M. C.; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
26 February 2021
Procedural Posture
Employment Insurance Appeal of Refusal to Extend Reconsideration Deadline / General Division Decision (heard Feb 23, 2021; Decision Feb 26, 2021)
Outcome
Appeal dismissed
Legal Topics
Reconsideration Request Deadline, Extension of Time, Notice of Violation, Overpayment and Penalty, Discretionary Review
Source Language
English
Employment Insurance Administrative Law Social Security Benefits Reconsideration Request Deadline Extension of Time Notice of Violation Overpayment and Penalty Discretionary Review

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Parties

M. C.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Employment Insurance Appeal of Refusal to Extend Reconsideration Deadline / General Division Decision (heard Feb 23, 2021; Decision Feb 26, 2021)

Legal Issues

  1. 1 Whether the claimant submitted his reconsideration request late
  2. 2 Whether the Commission exercised its discretion properly in denying an extension of time to request reconsideration

Ratio Decidendi

The claimant filed his reconsideration request well beyond the 30-day limit and failed to provide a reasonable explanation for the entire period of delay or evidence of a continuing intention to request reconsideration; the Commission properly exercised its discretion in denying an extension, so the appeal is dismissed and the original decision stands.

Court Disposition

Appeal dismissed

Orders

  • No extension of time granted; original Commission decision of August 25, 2017 refusing entitlement and imposing a violation and penalty remains in effect