Kassam v. Canada
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Kassam v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2004-10-05 Neutral citation 2004 FCA 331 File numbers A-136-03 Decision Content Date: 20041005 Docket: A-136-03 Citation: 2004 FCA 331 CORAM: DÉCARY J.A. NADON J.A. MALONE J.A. BETWEEN: MINAZ KASSAM Applicant and HER MAJESTY THE QUEEN ATTORNEY GENERAL FOR CANADA HUMAN RESOURCES DEVELOPMENT OF CANADA/ EMPLOYMENT INSURANCE COMMISSION Respondents Heard at Vancouver, British Columbia on October 4, 2004. Judgment delivered at Vancouver, British Columbia on October 5, 2004. REASONS FOR JUDGMENT BY: DÉCARY J.A. CONCURRED IN BY: NADON, MALONE JJ.A. Date: 20041005 Docket: A-136-03 Citation: 2004 FCA 331 CORAM: DÉCARY J.A. NADON J.A. MALONE J.A. BETWEEN: MINAZ KASSAM Applicant and HER MAJESTY THE QUEEN ATTORNEY GENERAL FOR CANADA HUMAN RESOURCES DEVELOPMENT OF CANADA/ EMPLOYMENT INSURANCE COMMISSION Respondents REASONS FOR JUDGMENT DÉCARY J.A. [1] This application for judicial review cannot succeed. [2] The applicant was found to have had no insurable employment during his qualifying period based on false records of employment and the insurability ruling of Revenue Canada. It was also found that he had given the Commission false and misleading statements which resulted in a penalty. These conclusions are supported by the evidence. [3] With respect to the applicant's arguments pertaining to the joint hearing by an umpire of the four appeals, to the failure to provide a tape and to the delay incurred, they were di…
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Kassam v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2004-10-05 Neutral citation 2004 FCA 331 File numbers A-136-03 Decision Content Date: 20041005 Docket: A-136-03 Citation: 2004 FCA 331 CORAM: DÉCARY J.A. NADON J.A. MALONE J.A. BETWEEN: MINAZ KASSAM Applicant and HER MAJESTY THE QUEEN ATTORNEY GENERAL FOR CANADA HUMAN RESOURCES DEVELOPMENT OF CANADA/ EMPLOYMENT INSURANCE COMMISSION Respondents Heard at Vancouver, British Columbia on October 4, 2004. Judgment delivered at Vancouver, British Columbia on October 5, 2004. REASONS FOR JUDGMENT BY: DÉCARY J.A. CONCURRED IN BY: NADON, MALONE JJ.A. Date: 20041005 Docket: A-136-03 Citation: 2004 FCA 331 CORAM: DÉCARY J.A. NADON J.A. MALONE J.A. BETWEEN: MINAZ KASSAM Applicant and HER MAJESTY THE QUEEN ATTORNEY GENERAL FOR CANADA HUMAN RESOURCES DEVELOPMENT OF CANADA/ EMPLOYMENT INSURANCE COMMISSION Respondents REASONS FOR JUDGMENT DÉCARY J.A. [1] This application for judicial review cannot succeed. [2] The applicant was found to have had no insurable employment during his qualifying period based on false records of employment and the insurability ruling of Revenue Canada. It was also found that he had given the Commission false and misleading statements which resulted in a penalty. These conclusions are supported by the evidence. [3] With respect to the applicant's arguments pertaining to the joint hearing by an umpire of the four appeals, to the failure to provide a tape and to the delay incurred, they were dismissed today in the companion file A-135-03. There is no point repeating the reasons already given in that file. [4] The application should be dismissed with costs, but since files A-134-03, A-135-03, A-136-03 and A-137-03 were heard together by the Court, there should be one set of costs only with respect to the hearing. (Sgd.) "Robert Décary" J.A. "I agree" (Sgd.) "Marc Nadon" J.A. "I agree" (Sgd.) "B. Malone" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-136-03 STYLE OF CAUSE: Minaz Kassam v. Her Majesty the Queen et al PLACE OF HEARING: Vancouver, B.C. DATE OF HEARING: October 4, 2004 REASONS FOR JUDGMENT: DÉCARY, NADON, MALONE JJ.A. APPEARANCES: Mr. Moez Kassam FOR THE APPLICANT (as representative) Ms. Maria Molloy FOR THE RESPONDENT SOLICITORS OF RECORD: Mr. Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General for Canada
Source: decisions.fca-caf.gc.ca