SP v Canada Employment Insurance Commission

SP v Canada Employment Insurance Commission

The reconsideration decision was communicated on August 31, 2022 and the notice of appeal was received on May 8, 2024, which is more than one year later; because s.52(2) DESD Act only allows extension up to one year, the Tribunal must refuse to extend time and the appeal cannot proceed.

Source-derived case information.

Citation
2024 SST 1164
Parties
Appellant: S. P.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
5 September 2024
Procedural Posture
Employment Insurance / Extension of Time Application (refused)
Outcome
Extension of time to file application refused; appeal will not proceed.
Legal Topics
Extension of Time, Appeal Deadline, Communication of Decision, Reconsideration Decision
Source Language
english
Employment Insurance Administrative Law Tribunal Procedure Appeals Extension of Time Appeal Deadline Communication of Decision Reconsideration Decision

Source-derived case record

Summary, issues, holding and outcome

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Parties

S. P.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Extension of Time Application (refused)

Legal Issues

  1. 1 Was the appeal filed within the statutory time limit?
  2. 2 Should the General Division extend time under s.52(2) of the DESD Act?

Ratio Decidendi

The reconsideration decision was communicated on August 31, 2022 and the notice of appeal was received on May 8, 2024, which is more than one year later; because s.52(2) DESD Act only allows extension up to one year, the Tribunal must refuse to extend time and the appeal cannot proceed.

Court Disposition

Extension of time to file application refused; appeal will not proceed.

Orders

  • Extension of time refused; appeal dismissed as not filed within time.