Appeal to Social Security Tribunal Dismissed for Being Out of Time
📌 In brief
The Social Security Tribunal dismissed an appeal regarding Employment Insurance benefits because the appeal was filed more than a year after the reconsideration decision was communicated to the appellant. The Tribunal followed the Department of Employment and Social Development Act's requirement that appeals must be brought within one year of the decision being communicated.
⚖️ Legal holding
An appeal to the General Division of the Tribunal must be brought within one year of the reconsideration decision being communicated to the appellant.
📖 Technical summary
The appeal was dismissed as untimely under the DESD Act.
📜 Headnote Official document
The Tribunal dismissed an appeal regarding Employment Insurance benefits as untimely, finding that the appeal was not brought within one year of the reconsideration decision being communicated to the appellant under the DESD Act.
📚 Full judgment Official document
Citation: AS v Canada Employment Insurance Commission , 2026 [NAME] 17 Tribunal File Number: GE-25-3505 BETWEEN: A. S. Appellant and Canada Employment Insurance Commission Respondent SOCIAL SECURITY TRIBUNAL
DECISION General Division – Employment Insurance Section
DECISION BY: [NAME] OF
DECISION: January 5, 2026 On this page Overview Analysis Conclusion Reasons and decision Overview [ 1 ] The Appellant applied for and received employment insurance benefits. The Commission determined she had been overpaid benefits. Further to a request for reconsideration, on May 26, 2023, the Commission issued a decision under section 112 of the Employment Insurance Act (Act). The Appellant appealed that decision to the Social Security Tribunal (Tribunal) on December 15, 2025. [ 2 ] 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 Commission’s reconsideration decision was communicated to the Appellant. [ 3 ] I must decide whether the appeal was brought in time. Analysis [ 4 ] The Tribunal finds that the Commission’s reconsideration decision was communicated to the Appellant on May 26, 2023. [ 5 ] I note that in her December 15, 2025, email to the Tribunal office, the Appellant referred to “receiving decision of reconsideration in March 2025.” However, this date is not supported by the evidence. [ 6 ] Phone records show that the Commission told the Appellant on May 26, 2023, that its decision was being maintained on reconsideration. She was told she would receive a decision letter in the mail and that she could appeal the decision to the Tribunal within 30 days. The Commission then sent the Appellant its reconsideration decision letter dated May 26, 2023. [ 7 ] The Tribunal finds that the Appellant brought the appeal to the General Division of the Tribunal on December 15, 2025. This is the date of the email she sent to the Tribunal office stating she wished to appeal the Commission’s reconsideration decision. [ 8 ] The Tribunal finds that more than one year passed between when the reconsideration decision was communicated to the Appellant and when the appeal was filed. [ 9 ] 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 [ 10 ] The appeal to the General Division of the Tribunal was not brought in time and therefore will not proceed.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The appeal was filed more than one year after the reconsideration decision was communicated.
- The law states that an appeal cannot be brought more than one year after the reconsideration decision was communicated.
- The Commission's reconsideration decision was communicated to the claimant on May 26, 2023.
- Phone records show the claimant was informed on May 26, 2023, that the decision was maintained and a letter would follow.
- The claimant brought the appeal to the Tribunal on December 15, 2025, via email.
❌ Tends to be rejected
- The claimant's statement about receiving the reconsideration decision in March 2025 was not supported by evidence.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The appeal was dismissed because it was filed out of time.
What was the dispute about?
The dispute was about whether the appeal was timely given the reconsideration decision was communicated over a year ago.
How did the court decide, and why?
The court decided that the appeal was untimely because it was filed more than one year after the reconsideration decision was communicated to the appellant.
Which laws or rules were applied?
The Department of Employment and Social Development Act, s. 52(2) was applied.
What was the argument that mattered most?
The argument that mattered most was that the appeal was not brought within one year of the reconsideration decision being communicated to the appellant.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure their appeal is filed within one year of receiving the reconsideration decision.
What evidence or documents mattered?
Phone records showing the communication of the reconsideration decision to the appellant mattered.