In the Matter of the Employment Insurance Act,
S.C. 1996, c. 23
and
In the Matter of a claim for unemployment benefits by
Fahimeh Kashani
and
In the Matter of an Appeal by the Claimant from the decision of a Board of Referees given at North York, Ontario on October 24, 2002
Appeal heard at Toronto, Ontario on May 27, 2003
DECISION
R. C. STEVENSON, UMPIRE
Ms. Kashani appeals from the decision of a Board of Referees dismissing her appeal from the Commission's refusal to extend the time for her to appeal from (1) a Commission ruling that it could not pay her benefits fro six weeks from October 4, 1999 because she did not attend, without good cause, an approved training course which created an overpayment of benefits and (2) the imposition of a penalty of $3,808 for allegedly falsely representing that she was attending the course.
The record shows that the overpayment was established by the Commission before March 21, 2001. The Commission had not notified Ms. Kashani. She learned of it when Revenue Canada deducted money from her income tax refund.
As a result Ms. Kashani attended at a Commission office on March 21, 2001. The notes of that interview indicate that Ms. Kashani was verbally told of both the overpayment and the penalty.
There are in the record copies of letters addressed to Ms. Kashani dated April 18, 2001 informing her of the overpayment and the penalty.
Ms. Kashani says she did not receive those letters until April 2002. She filed a notice of appeal on May 7, 2002.
The Commission said she was beyond the 30 day deadline.
The Board of Referees did not make a finding of fact as to when Ms. Kashani received the letters. As the letters are sent by ordinary mail the Commission cannot prove if or when they were received by the addressee.
The Commission has not explained why notification letters were not sent to Ms. Kashani before it garnisheed her income tax refund. It was obviously trying to cover its tracks by preparing the April 18 letters.
If a claimant does not receive a Commission ruling, either because it was not mailed or because Canada Post did not deliver it, that constitutes special reason for extending the time for appealing to the Board of Referees. The Board of Referees erred in fact and in law when it made its decision without regard for Ms. Kashani's evidence that she had not received formal notification until April 2002.
The appeal is allowed and the time for appealing to the Board of Referees is extended to May 7, 2002, the date on which Ms. Kashani's notice of appeal was received at the Commission's Scarborough office.
RONALD C. STEVENSON
Umpire
FREDERICTON, NEW BRUNSWICK
June 9, 2003