- Was the appeal filed outside the legislated time limit?
- Did the Commission exercise its discretion properly in deciding whether or not to extend the appeal period for special reasons?
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| Act: subsection 114(1) |
- Time limit to file an appeal to the board of referees: 30 days after the day on which a decision is communicated to the appellant - subsection 114(1)
- In deciding whether or not to extend the appeal period for special reasons, the Commission must exercise its discretion in a judicial manner DYSON A-16-94, KNOWLER A-346-93, CHARTIER A-42-90, PLOURDE A-80-90
- Example of non-judicial manner:
- bad faith or for an improper purpose or motive
- taking into account an irrelevant factor
- ignoring a relevant factor, or
- acting in a discriminatory manner
PURCELL A-694-94
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The claimant must prove to the Commission that it has special reasons for delay
FALARDEAU A-396-85
The Commission must prove that it exercised its discretion in a judicial manner
CHARTIER A-42-90, PLOURDE A-80-90 |
Discretionary Authority/ Onus of Proof
LETTIERI A-64-94
CARRIER T-370-95
SIROIS A-600-95
PODGORSKI A-127-95
NOOR A-314-98
MACLEOD A-194-98: Failure of the Commission to notify the claimant of the 30 day appeal period does not create a right under the EI Act. |
