CUB 58000

ROULEAU, J., Chief Umpire Designate

This is an appeal by the claimant from a decision of a Board of Referees rendered on March 27, 2002. The decision was communicated to the claimant on March 28, 2002. Ms. Malik's appeal to the Umpire from the Board's decision was received by the Commission on January 29, 2003, 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, it appears that the claimant relied upon her representative to file her appeal to the Umpire and that when the representative showed her a letter of appeal dated May 7, 2002, she believed that the appeal had been filed. Unfortunately, that was not the case. The claimant did not make enquiries sooner as she thought that appeals took a long period of time. Under the circumstances, it is my view that the claimant should be given the benefit of the doubt and that her appeal to the Umpire should be allowed to proceed. Furthermore, the delay is of short duration and there will be no prejudice to the Commission by allowing the appeal to move forward.

For these reasons an extension of the sixty-day appeal period is hereby granted.

"P. ROULEAU"

UMPIRE

OTTAWA, Ontario
June 30, 2003