Summary of Issue: Applicable Delays

Decision 77303 Full Text of Decision 77303

On March 31, 2011, the Commission sent a letter to the claimant requesting an explanation for the seventeen month delay in filing his appeal. No response has been received from the claimant, therefore unable to ascertain that there are any special reasons which would warrant granting an extension of the appeal period. The appeal was not brought within the sixty-day limit prescribed by section 116 of the Employment Insurance Act. The appeal by the claimant is dismissed by the Umpire.

Decision 76682 Full Text of Decision 76682

The claimant appealed a Commission decision almost four years after being notified of the decision. On 19 December 2006, the claimant was notified that he failed to declare earnings he received between 23 April and 14 May 2006 while on benefits and a penalty was imposed, along with a Notice of Violation. On 17 March 2008, the claimant was notified by letter that he provided incorrect information about starting work on 16 April 2007 and that he did not declare any earnings received from his employer. A Notice of Violation was also issued. On 25 February 2008, the claimant spoke to an Investigation and Control Officer stating that he cannot afford 50% of his benefits going to the overpayment as he has to raise 4 children. On 12 September 2010, the claimant was advised by letter that the Commission cannot pay him employment insurance benefits due to an insufficient number of insurable hours of work on account of the violation. The appeal by the claimant is dismissed by the Umpire.

Decision A-0052.86 Full Text of Decision A-0052.86

Assuming without deciding that the 21-day time limit was not complied with, we do not think that such non-compliance can operate so as to deprive the Umpire of jurisdiction to hear the appeal [brought within 60 days]. S. 87 is not before us to decide.

Decision 11578 Full Text of Decision 11578

Refer to: A-0052.86