Citation: MG v Canada Employment Insurance Commission, 2022 SST 968
Tribunal File Number: GP-22-1149
BETWEEN:
M. G.
Appellant
and
Minister of Employment and Social Development
Respondent
SOCIAL SECURITY TRIBUNAL DECISION
General Division – Income Security Section
| DECISION BY: | François Guérin |
| DATE OF DECISION: | July 29, 2022 |
On this page
Reasons and decision
Introduction
[1] The Respondent denied the Appellant’s application for benefits at the initial level and on March 29, 2021 denied the application at the reconsideration level.Footnote 1 The Appellant appealed that decision to the Social Security Tribunal (Tribunal) on June 21, 2022.Footnote 2
Issue
[2] The Tribunal must decide whether the appeal was brought in time.
The law
[3] Under subsection 52(2) of the Department of Employment and Social Development Act (DESD Act), in no case may an appeal be brought to the General Division of the Tribunal more than one year after the day on which the Respondent’s reconsideration decision was communicated to the Appellant.
Appellant’s submissions/evidence
[4] The Appellant submitted that due to personal circumstances and restrictions imposed by the COVID-19 pandemic, he has only recently been able to seek counsel for his appeal. He submits that he has a qualifying disability that is both severe and prolonged and is currently unable to attend work due to his deteriorating condition.Footnote 3
Analysis
[5] The Minister’s reconsideration decision is dated March 29, 2021.Footnote 4 In his Notice of Appeal to the Tribunal, the Appellant did not specify when he received the reconsideration decision letter. The Tribunal assumes that the reconsideration decision was sent to the Appellant by mail. The Tribunal takes official notice that mail in Canada is usually received within 10 days. The Tribunal therefore finds that the reconsideration decision was communicated to the Appellant by Thursday, April 8, 2021.
[6] In accordance with paragraph 52(1)(b) of the DESD Act, the Appellant had until Wednesday, July 7, 2021 to file an appeal.
[7] The Appellant filed an Appeal on June 21, 2022, outside the 90-day limit.
[8] The Tribunal finds that the Appellant brought the appeal to the General Division of the Tribunal more than one year after the decision was communicated to the Appellant. The Tribunal must apply subsection 52(2) of the DESD Act which clearly states that in no case may an appeal be brought more than one year after the reconsideration decision was communicated to the Appellant.
Conclusion
[9] The appeal to the General Division of the Tribunal was not brought in time and therefore will not proceed. François Guérin Member, General Division – Income Security