Decision A-1026.91

Case Number Claimant Judge Language Decision date
Decision A-1026.91 Prince Daryl  Federal  English 1992-10-20
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  18709A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  appeal system  calculation of time for appeal 

Summary:

The Board's decision was rendered on 29-11-90. The UIC's notice of appeal was filed with the office of the Umpire on 20-12-90. That day was the last of the 21-day period, since the day the decision was rendered is not a day included in the calculation. Appeal brought within the 21-day time frame. Notice of appeal filed by CEIC on the last day of the 21-day period. Held by the Umpire that the time limit had not been respected since the notice was received by claimant 14 days later. Neither par. 87(2)(b) nor s. 53 contemplates the day of receipt of the notice as a relevant consideration.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  decision of board  implementation 

Summary:

Notice of appeal filed by CEIC on the last of the 21-day period. Held by the Umpire that the time limit had not been met since the notice was received by claimant 14 days later. Neither para. 87(2)(b) nor s. 53 contemplates the day of receipt of the notice as a relevant consideration. The Board's decision was rendered on 29-11-90. The UIC's notice of appeal was filed with the office of the Umpire on 20-12-90. That day was the last of the 21-day period, since the day the decision was rendered is not a day included in the calculation. Appeal brought within the 21-day time frame.


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