IN THE MATTER of the EMPLOYMENT INSURANCE ACT
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IN THE MATTER of a claim by
JUAN REQUENO
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IN THE MATTER of an appeal to an Umpire by the claimant
from a decision by the Board of Referees given on
April 22, 2002, at Burnaby, British Columbia
DECISION
ROULEAU, J.
This is an appeal by the claimant from a decision of a Board of Referees rendered on April 22, 2002. The decision was communicated to the claimant on the following day, April 23, 2002. Mr. Requeno's appeal to the Umpire from the Board's decision was received by the Commission on September 10, 2002, 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 Commission concedes that there are special reasons for the delay in question. Having reviewed the material on file, I am satisfied that there are circumstances which warrant an extension of the appeal period and that the proper course to follow is to allow Mr. Requeno's appeal to the Umpire to proceed.
For these reasons, an extension of the sixty-day appeal period is hereby granted.
"P. ROULEAU"
UMPIRE
OTTAWA, Ontario
January 28, 2003