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  • Delayed Appeal to the Board of Referees

    Disclaimer:
    *This asterisk denotes recent case law.

    Questions to Answer

    1. Was the appeal filed outside the legislated time limit?
    2. Did the Commission exercise its discretion judicially in deciding whether or not to extend the appeal period for special reasons?

    References

    Act: subsection 114(1)

    Legal test

    Onus of proof

    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

    Key Case Law

    Discretionary Authority/ Onus of Proof

    Legal Test

    CARDAMONE A-432-96: Applying the test of "good cause" instead of "for special reasons" is an error in law.

    Special Reasons

    CARDAMONE A-432-96: Factors such as the seriousness of a determination that false or misleading statements have been made, the amount of the penalty imposed, and the fact that there was a delay of only about one month after the time limit for the appeal are special reasons to be taken into account.

    BERNIER A-692-91, PLOURDE A-80-90: New case law does not constitute a special reason capable of excusing a delay in appealing.

    MARTIN A-1001-92: Delay due to claimant not believing he had sufficient evidence does not constitute a special reason for a two-year delay.

    2012-04-03