CUB 69349

Max M. Teitelbaum, Umpire

This is an appeal by the claimant from a decision of a Board of Referees rendered on February 12, 2007. The decision was communicated to the claimant on the same day. The claimant's appeal to the Umpire from the Board's decision was received by the Commission on August 13, 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. There were clearly circumstances which were beyond the claimant's control and which were the reason for the delay in question. The claimant was not negligent or careless with respect to filing his appeal; he sought the assistance of his MP in a timely and reasonable manner but unfortunately his file, as explained by the MP's office, "fell through the cracks". Given these facts, it is in the interests of justice that the claimant be afforded the opportunity to put his 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
November 16, 2007