CUB 71116

Max M. Teitelbaum, Umpire

This is an appeal by the claimant from a decision of a Board of Referees rendered on February 21, 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 June 3, 2008, 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. I realize that the delay in question is lengthy. However, the claimant's reasons for the delay; several address changes, addictions, mental health issues, and many personal issues are clearly compassionate reasons here which constitute special reasons. He has recently entered a treatment program and is trying to stay "clean". He did hold several jobs over the period of the delay but ended up quitting or being fired because of his many personal issues (exhibit 24). In my view, it is in the interests of justice that the claimant be afforded the opportunity to put his case before the Umpire.

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

Max M. Teitelbaum

UMPIRE

OTTAWA, Ontario
October 3, 2008