CUB 56940

ROULEAU J., Chief Umpire Designate

This is an appeal by the claimant from a decision of a Board of Referees rendered on April 9, 2002. The decision was communicated to the claimant on the following day, April 10, 2002. Mr. Bak's appeal to the Umpire from the Board's decision was received by the Commission on September 11, 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 b ringing t he 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 the appeal period should be extended and the claimant's appeal to the Umpire be allowed to proceed. The evidence on file shows that Mr. Bak was legitimately confused by the effect of the Board of Referee's decision because after his appeal was dismissed he continued to receive sickness benefits. Once he stopped receiving sickness benefits he immediately contacted the Commission and only then became aware of the difference between regular benefits and sickness benefits. It also appears from the evidence that part of the reason for the delay in question was due to the claimant having difficulty obtaining information from the Commission. The delay in question is of a relatively short duration, and given the extenuating circumstances here, it cannot be said that the claimant acted in a negligent or careless manner.

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

"P. ROULEAU"

UMPIRE

OTTAWA, Ontario
May 5, 2003