IN THE MATTER of the EMPLOYMENT INSURANCE ACT
- and -
IN THE MATTER of a claim by
RUSSAIN KHAN
- and -
IN THE MATTER of an appeal to an Umpire by the claimant from a decision by the Board of Referees given on October 8, 2002, at Mississauga, Ontario
DECISION
ROULEAU, J., Chief Umpire Designate
The claimant is appealing the decision of the Board of Referees rendered on October 8, 2002 and forwarded to his attention the next day, October 9, 2002. Mr. Khan's appeal to the Umpire from the Board's decision was received by the Commission on December 23, 2002, 15 days after the expiry of the appeal period contemplated by 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."
The explanation of the claimant as it appears at Exhibit B-3 is somewhat unclear. In my view this may be as a result of the language barrier. I understand that the claimant was absent from his usual residence for a certain period of time and that he eventually returned. He states that he would like another hearing and that someone would represent him.
In light of the circumstances of this case and more particularly the very short delay incurred herein, I am prepared to grant the extension of the appeal period.
"P. ROULEAU"
UMPIRE
OTTAWA, Ontario
April 7, 2003