Citation: SS v Canada Employment Insurance Commission, 2023 SST 328
Social Security Tribunal of Canada
Appeal Division
Extension of Time Decision
Applicant: | S. S. |
Representative: | F. H. |
Respondent: | Canada Employment Insurance Commission |
Decision under appeal: | General Division decision dated March 9, 2022 (GE-22-52) |
Tribunal member: | Pierre Lafontaine |
Decision date: | March 22, 2023 |
File number: | AD-23-156 |
On this page
Decision
[1] An extension of time to apply to the Appeal Division is refused. The application will not proceed.
Overview
[2] The Applicant (Claimant) submits that he is late in filing his application for leave to appeal to the Appeal Division because a new favorable case has come to his attention. At the time, he did not want to pursue an appeal that appeared to be a losing endeavour.
Issues
[3] The issues are:
- a) Was the application to the Appeal Division late?
- b) Should I extend the time for filing the application?
Analysis
The application was late
[4] The delay to file an application for leave to appeal is 30 days after the day on which the decision and reasons are communicated in writing to the Claimant.Footnote 1
[5] The General Division rendered a decision on March 9, 2022. It was communicated to the Claimant on the same day. The Claimant filed an application for leave to appeal to the Appeal Division on February 13, 2023. The application is late.
I am not extending the time for filing the application
[6] When deciding whether to grant an extension of time, I must consider whether the Claimant has a reasonable explanation for why the application is late.Footnote 2
[7] The delay herein is more than ten (10) months. I am not satisfied that an extension of time to file an application for leave to appeal is warranted in the case at bar.
[8] The Claimant refers to a General Division decision that is currently under appeal before the Appeal Division.Footnote 3 The fact that a decision that appears to be favorable to the Claimant was rendered after his appeal deadline is not a reasonable explanation for why he is late.Footnote 4
Conclusion
[9] I have not given the Claimant an extension of time to apply to the Appeal Division. This means that the application will not proceed.