Decision A0340.07
Full Text of Decision A0340.07
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
On August 24, 2006, the claimant, an offshore oil rig worker, submitted a letter of appeal contesting a period of disentitlement. The Commission denied the request for an appeal as the claimant had missed the 30 day deadline and had not shown special reasons for the delay. The BOR held that the dismissal of the claimant's two previous appeals and the delivery of a new decision involving an employment situation similar to that of the claimant did not constitute special reasons. The BOR determined that the Commission's decision not to accept the claimant's appeal was judicially exercised. The Umpire ruled that the BOR did not err in dismissing the appeal and that the BOR exercised its discretion judicially. The FCA concluded that the Umpire had made no errors warranting its intervention.
Decision 65357
Full Text of Decision 65357
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
It is trite law to suggest the test of special reasons is relatively strict. When established language problems arise, it usually gives rise to considerable probing by the presiding Umpire. On the other hand, as was said by an Umpire in CUB 56437: "... if there was a language problem, the onus was on the claimant to seek assistance in a reasonable and timely manner in order to protect her rights of appeal under the legislation". This was not done in this case and the Umpire confirmed the Board's ruling.
Decision 41445
Full Text of Decision 41445
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
His reason for filing a late appeal is that he had undergone surgery and treatments for cancer. Umpire found that the claimant's explanation constituted a special reason warranting an extension of the appeal.
other summary
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| umpires |
special reasons |
appealable |
time for appeal to umpire |
Decision 36906
Full Text of Decision 36906
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Delay of 112 days while await any results of Employment Standards complaint. Claimant did not show he had special reasons justifying the delay for filing his appeal. The onus was on him to promptly enquire with the Commission concerning his rights and obligations with respect to appeal procedures.
other summary
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| umpires |
special reasons |
appealable |
time for appeal to umpire |
Decision 36724
Full Text of Decision 36724
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
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Appeal filed 8 months after BOR's decision. Stated that he didn't know that his appeal had to be filed within 60 days. He also submitted that new facts had come to light. Jurisprudence in all fields has maintained that subsequent revelation doesn't constitute grounds to reopen proceedings or extend time for filing late appeals.
other summary
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| umpires |
special reasons |
appealable |
time for appeal to umpire |
Decision 36677
Full Text of Decision 36677
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Notice of refusal sent on 12-01-95. Claimant requested an extension of his time to appeal because he was going out of the country and not returning before April. Claimant contacted the Commission only on 01-07-95. The fact that the claimant had "other pressing matters" including paying bills and other personal matters to do is considered mere excuses rather than special reasons.
Decision 36134
Full Text of Decision 36134
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Delay of 6 months to file her appeal. Explained that she had temporarily left the area for personal reasons shortly after receiving the BOR's decision. Held that no special reasons shown. Jurisprudence has established that being out of town is not an acceptable reason for delay since an appeal can be launched by mail.
Jurisprudence provides that delays have been allowed for compassionate reasons or for reasons beyond the claimant's control. Ignorance of the appeal process, forgetfulness or simple negligence do not constitute "special reasons".
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| umpires |
special reasons |
appealable |
time for appeal to umpire |
Decision 35695
Full Text of Decision 35695
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Appeal delayed: waiting for the result of an appeal on similar grounds launched in B.C. The union representative submits that the recent result of that appeal should now govern the claimant's case. Rejected by Umpire: not appropriate to apply this judgement to a decision made almost 3 years ago.
Decision 34724
Full Text of Decision 34724
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Claimant did not read the two folders issued by the Commission concerning the time limit for appeals. A member of his family reportedly mentioned to him, ten months later, that he had the right to appeal. No special circumstance which could justify the delay.
Decision 25222A
Full Text of Decision 25222A
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Refer to: A-0245.95
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| umpires |
special reasons |
appealable |
time for appeal to umpire |
Decision A-0245.95
Full Text of Decision A-0245.95
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
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Four-year delay in appeal. Referring to the Federal Court of Appeal's decisions in Albrecht (A-172-85), Chartier (A-42-90) and Plourde (A-80-90), the referee was not convinced that the claimant acted as a reasonable person. FCA refused to intervene.
other summary
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| umpires |
special reasons |
appealable |
time for appeal to umpire |
Decision 32545
Full Text of Decision 32545
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Notice of appeal received 15 months later. On 2-2-93, the beneficiary was informed that he was late in filing an appeal, and he did not produce a sworn statement until February 1995. The beneficiary did not give any special reasons that would justify extending the deadline for filing an appeal.
Decision 23793
Full Text of Decision 23793
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
His letter of appeal was finally dated on 4-12 (68 days after the Commission's decision), his reasons for the delay being that he was very busy in his studies and did not have time to think of this matter. This is clearly not a legally acceptable excuse.
Decision 23393
Full Text of Decision 23393
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
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Appeal to Umpire filed beyond the statutorily prescribed period in para. 82(a) of the Act. Despite the failure of the appellant to justify the delay, I have concluded in the exercise of my discretion that, in view of the meritorious nature of her appeal, an extension of time ought to be granted.
Decision 22260
Full Text of Decision 22260
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Where the claimant is unaware of the right to appeal, an extension of the appeal period would be justified if the claimant exercised reasonable diligence in pursuing the appeal once he became aware of his right: CUBs 17904 and 19020.
Decision 19761
Full Text of Decision 19761
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
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Delay of 8 months. Did not realize until expiration of his benefit period that the disqualification for leaving his job would result in a real loss of benefits. Appeal dismissed by Board. No basis for considering that the Board's decision was perverse or capricious.
Decision 17376A
Full Text of Decision 17376A
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
I agree that the test is not to show just cause for delay but only to show special reasons. This is a relatively minor error on the part of the Board. Use of the wrong term is not sufficient to set aside the overall finding. Just cause not used as a term of art by Board.
Decision 18682
Full Text of Decision 18682
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Claimant thought that the waiting period and the 2-week disqualification ran concurrently. There is no evidence in the file to suggest that the mistake proceeded from any cause other than his own mistaken assumption. This is not a "special reason".
Decision 18609
Full Text of Decision 18609
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Commission's decision overturned by FC. Claimant's name not in the list of cases by reason of inadvertance. He was part of the group, although he might not necessarily have been aware of it at the time. The fact he was running through parallel proceedings is not material.
other summary
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| reconsideration of claim |
new facts |
definition |
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| board of referees |
appeal system |
test cases |
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Decision 18417
Full Text of Decision 18417
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Umpires often simply grant or refuse requests for extended time without giving reasons. In this instance I based my decision to allow the appeal primarily on the fact that there was a "reasonable ground of appeal with some possibility of success and it is not merely frivolous".
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| board of referees |
natural justice |
defined |
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Decision 17895
Full Text of Decision 17895
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Not understanding the "system" or not understanding the meaning of the Notice of Disqualification is not a special reason for failing to file an appeal within the delays stipulated in the Act. He should have attended the office to obtain an explanation.
Decision 17132
Full Text of Decision 17132
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
After receiving the decision and consulting CEIC, she decided not to appeal. The fact that she later obtained a different opinion telling her that she should have appealed does not constitute a special reason affecting the
10-month delay.
Decision 17107
Full Text of Decision 17107
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Appeal filed 1 month late; the insured person had changed jobs and forgotten that he had a time period of only 60 days. No special reasons.
Decision 16629
Full Text of Decision 16629
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Appeal filed 3 weeks after the 60-day delay; reason, in order to obtain documents confirming his job search, the insured had to wait for certain employers who were on vacation to return. These facts do not constitute special circumstances.
Decision 16241
Full Text of Decision 16241
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Appeal filed more than 5 months after Board's decision. Claimant realized she did not appeal within 60 days. The deadline passed as she was unaware of this rule and was busy trying to find work. I am satisfied that the appeal was not filed on time due to her negligence.
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| board of referees |
special reasons |
rationale |
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Decision 15883
Full Text of Decision 15883
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| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Summary:
Claimant indicated that his reasons for delay were that he had lost all his paperwork relating to Board's decision and that he was in a state of depression as he could not find work. This is considered special reasons warranting an extension of time to appeal.
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| availability for work |
incompatible situations |
family obligations |
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