Social Security Tribunal Denies Claimant's Appeal Due to Procedural Errors

Citation: [NAME]  v  Canada Employment Insurance Commission , 2026  SST  246 Social Security Tribunal of Canada Appeal Division Leave to Appeal Decision Applicant: [redacted] Respondent: [redacted] Decision under appeal: General Division decision dated March 20, 2026 (GE-26-719) Tribunal member: [NAME] Decision date: March 26, 2026 File number: AD-26-269 On this page Decision Overview Issue I’m not giving the Claimant permission to appeal Conclusion Decision [ 1 ] Leave (permission) to appeal is denied. [ 2 ] This means K. W.’s appeal won’t go forward. Overview [ 3 ] K. W. is the Claimant in this case. She has applied for permission to appeal a General Division decision. Footnote 1 I will give her permission if she has a reasonable chance of winning her appeal. [ 4 ] The General Division decided two issues. First, the Claimant filed her appeal late—past the 30 day deadline to appeal the Commission’s reconsideration decision in her EI claim. Second, it could not extend the time for her to file her appeal because she didn’t give a reasonable explanation—or any explanation—for her delay. So, it refused to accept her appeal. [ 5 ] The Claimant argues the General Division made a procedural fairness error. [ 6 ] Unfortunately for the Claimant, she hasn’t shown an arguable case the General Division made that error, or another error the law lets me consider. So, her appeal has no reasonable chance of success and can’t go forward. Issue [ 7 ] Does the Claimant’s appeal have a reasonable chance of success? I’m not giving the Claimant permission to appeal The permission to appeal test screens out appeals with no reasonable chance of success Footnote 2 [ 8 ] The Claimant has applied for permission to appeal. I give permission when there’s an arguable case the General Division made an error that gives a claimant a reasonable chance of winning their appeal. Footnote 3 [ 9 ] The law says I can consider four types of errors—the General Division used an unfair procedure, or made a jurisdictional error, a legal error, or an important factual error. Footnote 4 The Claimant’s appeal doesn’t have a reasonable chance of success [ 10 ] The Claimant checked the procedural fairness error box on her application form. Footnote 5 Then she gives her explanation. I am appealing the decision and I am asking for reconsideration for my El claim, I was unaware that after my sick benefits ended on February 28th that I was not eligible for regular El benefits. I have sent in a updated Dr note from my family doctor stating that I am able to start looking for work. I have attached my Dr medical notes for review. [ 11 ] Procedural fairness is about the process the General Division used to consider and decide the Claimant’s appeal—not about its decision or the outcome in the appeal. [ 12 ] The Claimant’s reasons aren’t about the General Division process, or even the issues the General Division decided. She seems to be arguing against the Commission’s reconsideration decision to disqualify her for voluntarily leaving her job without just cause. Footnote 6 And is asking to change the type of benefits in her EI claim. The General Division refused to hear her appeal of the Commission’s reconsideration decision because she didn’t appeal in time, or explain her delay appealing. [ 13 ] So, the Claimant hasn’t shown an arguable case the General Division made a procedural fairness error. And her reasons don’t show an arguable case the General Division made another type of error the law lets me consider. [ 14 ] The Claimant is representing herself. So I reviewed the General Division file. Footnote 7 [ 15 ] I didn’t find an arguable case the General Division used an unfair procedure. When the Claimant didn’t explain her delay on her appeal form, the General Division effectively gave her an extra nine days to explain. She didn’t respond. And I didn’t find an arguable case the General Division made a jurisdictional error, a legal error, or based its decision on a mistake about the facts. [ 16 ] This tells me the Claimant doesn’t have a reasonable chance of winning her appeal. Conclusion [ 17 ] I can’t give the Claimant permission to appeal the General Division decision. Footnotes Footnote 1 The Appeal Division process has two steps. First, a person applies for permission to appeal a General Division decision. If they don’t get permission, their appeal can’t go forward. Second, if they get permission, they get to argue their case in writing or at a hearing. Return to footnote 1 referrer Footnote 2 See section 58(2) of the Department of Employment and Social Development Act ( DESD  Act); [NAME]  v  Canada (Attorney General) , 2016  FC  1282 at paragraph 32. Return to footnote 2 referrer Footnote 3 [NAME]  v  Canada (Attorney General) , 2016  FC  11. Return to footnote 3 referrer Footnote 4 See section 58(1) of the DESD  Act. Return to footnote 4 referrer Footnote 5 See AD1-3. Return to footnote 5 referrer Footnote 6 See sections 29(c) and 30(1) of the Employment Insurance Act . Return to footnote 6 referrer Footnote 7 See GD2, GD3, GD4, GD6, GD7, GD8, GD9, and GD10. Return to footnote 7 referrer