TRANSLATION
IN THE MATTER of the EMPLOYMENT INSURANCE ACT
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IN THE MATTER of a claim for benefit by
LISON PLOURDE
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IN THE MATTER of an appeal to an Umpire by the claimant from the decision of a Board of Referees given on April 3, 2003 at Longueuil, Quebec.
DECISION
ROULEAU J., Chief Umpire Designate
The claimant appeals from the Board of Referees' decision given on April 3, 2003. The Commission received the claimant's notice of appeal on September 5, 2003, after the 60-day period set out in section 116 of the Employment Insurance Act had expired.
Section 116 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 case law holds that a longer period may be allowed for humanitarian reasons or for reasons beyond the claimant's control. Ignorance of the appeal procedure, forgetfulness or negligence do not constitute "special reasons."
In her appeal letter, the claimant explained that the letter informing her of the date and place of the hearing of her appeal had slid between the seat and the back door of her car and that she had not discovered it until after receiving the Board of Referees' decision. Since it was an appeal by the employer to the Board of Referees, the employer had an opportunity to appear and testify. However, the claimant was not able to give her version of the facts.
This case involved a delay of only a few months after the appeal deadline had expired. Given the circumstances of the instant case, I am of the opinion that, in accordance with the principles of natural justice, there is cause to allow this appeal to be heard on its merits before an Umpire.
Consequently, the appeal filed out of time is allowed, and the case can be placed on the hearing list of the Umpire.
P. ROULEAU
UMPIRE
OTTAWA, Ontario
October 31, 2003