IN THE MATTER OF THE EMPLOYMENT INSURANCE ACT
and
in the matter of a claim for benefit by
CHARLES JEWETT
and
IN THE MATTER of an appeal by the claimant from a decision of a Board of Referees given at North York, ON, on the 12th day of June, 2002.
DECISION
Hon. David G. Riche
The issue before the Board was whether or not the claimant should be allowed an extension to the 30 day appeal period under s. 114 of the EI Act.
When this matter came before me the claimant stated that he could not prepare his appeal because he did not have the critical information which he needed before he could make his argument to the Board of Referees.
The Board of Referees in their decision stated that: "His EI file indicated that he called the Kelly Centre on October 10, 2001 to obtain a copy of a letter that had never existed. An agent of the Commission had left a message for him on October 11, 2001 indicating that there was no such letter, and giving her name and telephone number for him to call for more information. There is no other information in his file to show he called, wrote or visited the office to obtain any further information. (Exhibit 7)."
The Board went on to find that the claimant did not show any special reasons why he should be given an extension to his 30 day appeal period.
The claimant when he appeared before me advised that the papers he was searching for were eventually found and he now has them. The information before the Board of Referees state that the information the claimant was looking for was non-existent. It is my view that the claimant who appeared with these documents now has the information that he was requesting and the documents were in existence contrary to the findings of the Board of Referees.
Faced with these circumstances, I am satisfied that the claimant did not have a proper hearing before the Board of Referees and should be given a new opportunity to present his case with the documentation he now has in his possession.
For these reasons the appeal of the claimant is therefore allowed with a new hearing ordered before a new Board of Referees to determine the issue.
David G. Riche
Umpire
November 14, 2003
St. John's, NF