CUB 56774

ROULEAU, J.

This is an appeal by the claimant from a decision of a Board of Referees rendered on April 30, 2002. The decision was communicated to the claimant on May 2, 2002. Ms. Stoesz's appeal to the Umpire from the Board's decision was received by the Commission on October 21, 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."

Here, after reviewing the material on file, I am satisfied that there are extenuating circumstances which warrant an extension of the appeal period. It is not disputed that the delay in question was caused entirely by a clerical oversight on the part of Ms. Stoesz's union representative. These are clearly circumstances over which the claimant herself had no control and they constitute special reasons as contemplated by section 116 of the Act. I do not agree with the Commission's submissions that while the onus of filing and following up on the appeal rested with the representative, the claimant was then bound by the representative's actions, or lack thereof. I am satisfied that in the interests of justice, the proper course to follow is to allow the claimant's appeal to the Umpire to proceed.

For these reasons, I am granting an extension of the sixty-day appeal period.

"P. ROULEAU"

UMPIRE

OTTAWA, Ontario
April 4, 2003