Practice Direction 2017-02: Process for dealing with appeals from deceased appellants

Date Issued: July 20, 2017

Application

This practice direction applies to:

  1. a person who wishes to pursue an appeal before the General Division, Employment Insurance (GD-EI) Section, on behalf of the estate of a deceased appellant or applicant (“appellant”); and
  2. a Tribunal member of the GD-EI Section who must determine whether an estate representative will pursue the appeal.

Purpose

The purpose of this practice direction is to set out the procedure relating to situations where an appellant dies after filing an appeal. 

Background

Where the Tribunal is informed that an appellant died after filing an appeal, the Tribunal will take steps to obtain proof of the appellant’s death and determine whether an estate representative will pursue the appeal.

Procedure for pursuing an appeal on behalf of a deceased appellant’s estate

  1. Appellant’s estate

Where an appellant dies after filing an appeal and a person wishes to pursue the appeal on behalf the deceased’s estate, the person must provide:

  1. proof of the appellant’s death, which may include:
    • a copy of the deceased appellant’s probated will;
    • a copy of a court order appointing an individual as the administrator, estate trustee or liquidator;
    • a copy of the death certificate issued by the province or territory; or
    • a copy of the death certificate issued by the funeral home.
  2. proof that the person is authorized to represent the deceased appellant’s estate, which includes:
    • a signed Solemn Declaration form and, if available:
      • a copy of the deceased appellant’s will (whether or not probated) naming that person as the executor or liquidator; or
      • a copy of the court order appointing that person as the administrator, estate trustee or liquidator; or
      • a copy of the designation or agreement naming that person as the liquidator.
  1. Tribunal member

The Tribunal member will review documents that confirm the appellant’s death and determine whether the person is the deceased’s estate representative.

If satisfied that the person is the estate representative, the Tribunal member will continue with the proceeding. If not satisfied, the Tribunal will hold the appeal in abeyance for one year from the date of the appellant’s death. If, during this period, a person provides proof that he or she is the deceased’s estate representative, a Tribunal member will take the appeal out of abeyance and continue with the proceeding. Otherwise, at the expiry of the one-year period, a Tribunal member will prepare a decision dismissing the appeal. In certain circumstances the Tribunal member will decide that an appeal may be held in abeyance beyond one year.

Where the Tribunal is notified after a hearing, but before a decision is issued, that an appellant is deceased and a person provides proof that they are the deceased appellant’s estate representative, the Tribunal will send a copy of the decision to that person.

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