Summary of Issue: Calculation Of Time For Appeal

Decision A-1026.91 Full Text of Decision A-1026.91

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.

Decision 18709A Full Text of Decision 18709A

Refer to: A-1026.91

Decision 12733 Full Text of Decision 12733

Board's decision sent to claimant 28-11-84. No proof made as to when received by him. Appeal filed 17-12-85. I believe I can assume that more than 60 days have elapsed. Individuals should not be prevented from presenting an appeal on a technicality.

Decision 12406 Full Text of Decision 12406

I can assume that a decision mailed on 21-9 would have reached him well before the 60-day period preceding 13-12 [date of appeal], at least in the absence of any information to the contrary.

Decision 11066 Full Text of Decision 11066

The Board's decision was sent out on 6-1. The claimant at that time was working as a long distance truck driver and did not personally receive the decision until late March even though letter delivered at home. The 60 days would have expired end of May.