IN THE MATTER of the EMPLOYMENT INSURANCE ACT
- and -
IN THE MATTER of a claim by
EUGENE SIMPSON
- and -
IN THE MATTER of an appeal to an Umpire by the claimant
from a decision by the Board of Referees given
on June 1, 2000, at Edmonton, Alberta
DECISION
ROULEAU, J.
This is an appeal by the claimant from a decision of a Board of Referees rendered on June 1, 2000. The decision was communicated to the claimant on the following day, June 2, 2000. Mr. Simpson's appeal to the Umpire from the Board's decision was received by the Commission on January 30, 2001, which is outside the sixty-day appeal period provided for in section 116 of the Employment Insurance Act. That section reads as follows:
116. The appeal must be brought in the prescribed manner within 60 days after the decision is communicated to the person bringing the appeal, or any longer period that the umpire may allow for special reasons.
The jurisprudence has established that "special reasons" for a delay in launching an appeal to the Umpire include compassionate reasons or circumstances which are beyond the claimant's control. However, ignorance of the appeal process, forgetfulness or simple negligence do not constitute "special reasons."
In the present case, the claimant states in a letter dated April 19, 2001, that at the time the Board's decision was sent to him he was working out of town, mostly in the bush. By the time he got home to his mail, the deadline had passed.
I am satisfied that Mr. Simpson should be given the benefit of the doubt here and the appeal period should be extended. It is clear from the material on file that his occupation is one which takes him out of town and into the bush on a regular basis rendering it difficult for him to receive his mail in a timely fashion. It is also apparent however, that as soon as he became aware of the notices and letters sent to him by the Commission regarding his appeal to the Umpire, he acted in a timely manner in order to protect his statutory rights of appeal. The delay does not seem to have been caused by carelessness as much as by circumstances over which Mr. Simpson had no control.
For these reasons, I am granting an extension of the sixty-day appeal period.
"P. ROULEAU"
UMPIRE
OTTAWA, Ontario
April 27, 2001