Employment Insurance (EI)

Decision

[1] The appeal will not proceed. The Appellant’s (Claimant’s) appeal is late. I am not giving her an extension of time because she doesn’t have an arguable case.^{Footnote 1}

Overview

[2] The Claimant applied for and received employment insurance benefits (EI regular benefits and EI Emergency Response Benefit (EI ERB)).

[3] After the Claimant received the benefits, the Canada Employment Insurance Commission (Commission) recalculated her weekly benefit rate and weeks of entitlement. The recalculations created an overpayment of benefits.

[4] The Claimant asked the Commission to reconsider its decisions, but the Commission maintained them. The Commission confirmed it was maintaining its decisions by letter dated February 4, 2022.^{Footnote 2}

[5] The Claimant appealed those decisions to the Social Security Tribunal on March 21, 2021, outside the 30-day time limit.

[6] I have to decide whether the Claimant’s appeal was late, and if so, if I should give her an extension of time to appeal the Commission’s decisions.^{Footnote 3}

Analysis

The appeal was late.

[7] The Claimant didn’t say when she received the Commission’s decision letter.^{Footnote 4}

[8] The decision letter is dated February 4, 2022.

[9] I find the Claimant received the decision letter on February 14, 2022. I allowed 10 days for the letter to arrive by regular mail. This is when the decision was communicated to her.

[10] The Claimant had until March 16, 2022, to file her appeal with the Tribunal. This date is 30 days from February 14, 2022.

[11] The Claimant filed her appeal on March 21, 2022.^{Footnote 5} So she filed her appeal late.

Extension of time

[12] I have to decide whether to allow the Claimant more time to file her appeal.^{Footnote 6} The most important consideration is whether she has an arguable case, and whether the interests of justice will be served by giving her more time.

[13] Because the Claimant hasn’t provided any evidence or arguments that would allow me to grant her appeal, I find that she doesn’t have an arguable case. I explain why below.  

[14] I also considered that the Claimant hasn’t explained what, if any, efforts she made to file her appeal before March 21, 2021. She hasn’t said why her appeal was late. So I find that she has proven neither a continuing intention to pursue the appeal nor a reasonable explanation for the delay in doing so.

[15] I find that the Commission’s interests will not be prejudiced given the short period of time that has lapsed since the reconsideration decision. The Commission has already provided their documents and submissions for the appeal, so it wouldn’t be unduly affected by an extension of time to appeal.

[16] I know the Claimant’s appeal isn’t very late. But it isn’t in the interests of justice to grant her more time and schedule a hearing when she doesn’t have an arguable case. It is in the interests of justice for the appeal to be dealt with as quickly as possible. This is especially so when the Claimant has other avenues it can pursue with the Commission.^{Footnote 7}  

No arguable case

[17] The Federal Court of Appeal says whether there is an arguable case at law is like having a reasonable chance of success.^{Footnote 8}

[18] The Claimant doesn’t have an arguable case.

[19] The issues being appealed are:

• Weeks of entitlement to EI regular benefits
• Weeks of entitlement to EI ERB ^{Footnote 9}
• Weekly benefit rate

[20] The Claimant argues that no one has explained when and how she was overpaid benefits. She says she works hard and doesn’t needlessly rely on government benefits. She says that she will never ask for benefits again if I help her. She says she can’t afford the repayment.

[21] The Claimant’s appeal is bound to fail. She hasn’t provided any evidence or made any arguments that would affect how many weeks of benefits she was entitled to receive, or what her weekly benefit rate should have been.^{Footnote 10} There is no evidence to suggest that the Commission’s decisions were contrary to the law, or were made incorrectly.

Conclusion

[22] I am not giving the Claimant an extension of time. It is not in the interests of justice for the appeal to proceed because it has no reasonable chance of success.

Options for the Claimant

[23] I strongly encourage the Claimant to contact the Commission as soon as possible to discuss:

• whether she is eligible for more weeks of EI ERB that could offset her overpayment ^{Footnote 11}
• whether the antedate can be changed so she can benefit from the temporary measures that started on September 27, 2020, as it is unclear why an unbeneficial antedate to August 16, 2020, was granted ^{Footnote 12}
• the possibility of writing off any remaining overpayment.

[24] She could also talk to Canada Revenue Agency about affordable payment arrangements.

[25] For the foregoing reasons, the Claimant’s appeal will not proceed.