CUB 69119

Max M. Teitelbaum, Umpire

This is an appeal by the claimant from a decision of a Board of Referees rendered on August 23, 2006. The decision was communicated to the claimant on the following day, August 24, 2006. The claimant's appeal to the Umpire from the Board's decision was received by the Commission on February 23, 2007, 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".

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 Commission maintains that the claimant's delay in filing her appeal to the Umpire was due primarily to a language barrier and that there was an onus on her to use an interpreter given that she had access to one. However, I am satisfied that there are other compassionate reasons here, as outlined in the claimant's letter of appeal (exhibit 19.3), which constitute special reasons for the delay. It is in the interests of justice that the claimant be afforded the opportunity to put forward her case before the Umpire and there will be no prejudice to the Commission by allowing the appeal to proceed.

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

Max M. Teitelbaum

UMPIRE

OTTAWA, Ontario
October 24, 2007