Hatzitrifonos v. Canada (Attorney General)
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Hatzitrifonos v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-12-13 Neutral citation 2004 FCA 430 File numbers A-350-03 Decision Content Date: 20041213 Docket: A-350-03 Citation: 2004 FCA 430 CORAM: LÉTOURNEAU J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: PASHALIS HATZITRIFONOS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Heard at Toronto, Ontario, on December 13th, 2004. Judgment delivered from the Bench at Toronto, Ontario, on December 13th, 2004. REASONS FOR JUDGMENT OF THE COURT BY: SEXTON J.A. Date: 20041213 Docket: A-350-03 Citation: 2004 FCA 430 CORAM: LÉTOURNEAU J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: PASHALIS HATZITRIFONOS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on December 13, 2004) SEXTON J.A. [1] The Applicant was found by the Commission to have had undeclared earnings and he therefore had received an overpayment of employment insurance benefits. Repayment was ordered and a penalty imposed. [2] Before us, the Applicant repeated arguments on facts which have been reviewed by both the Board of Referees and the Umpire, essentially to the effect that the amounts found to have been paid to him were not proven. We are unable to conclude that the Umpire made his decision in a perverse or capricious manner or without regard to the material before him. [3] The Applicant also submitted that the penalty was excessive. However, we are…
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Hatzitrifonos v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-12-13 Neutral citation 2004 FCA 430 File numbers A-350-03 Decision Content Date: 20041213 Docket: A-350-03 Citation: 2004 FCA 430 CORAM: LÉTOURNEAU J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: PASHALIS HATZITRIFONOS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Heard at Toronto, Ontario, on December 13th, 2004. Judgment delivered from the Bench at Toronto, Ontario, on December 13th, 2004. REASONS FOR JUDGMENT OF THE COURT BY: SEXTON J.A. Date: 20041213 Docket: A-350-03 Citation: 2004 FCA 430 CORAM: LÉTOURNEAU J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: PASHALIS HATZITRIFONOS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on December 13, 2004) SEXTON J.A. [1] The Applicant was found by the Commission to have had undeclared earnings and he therefore had received an overpayment of employment insurance benefits. Repayment was ordered and a penalty imposed. [2] Before us, the Applicant repeated arguments on facts which have been reviewed by both the Board of Referees and the Umpire, essentially to the effect that the amounts found to have been paid to him were not proven. We are unable to conclude that the Umpire made his decision in a perverse or capricious manner or without regard to the material before him. [3] The Applicant also submitted that the penalty was excessive. However, we are unable to conclude that the penalty imposed was unreasonable having regard to the facts as found by the Board of Referee and the Umpire. [4] The appeal will therefore be dismissed. "J. E. Sexton" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-350-03 STYLE OF CAUSE: PASHALIS HATZITRIFONOS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: DECEMBER 13, 2004 REASONS FOR JUDGMENT OF THE COURT: (LÉTOURNEAU, SEXTON, SHARLOW, J.J.A.) DELIVERED FROM THE BENCH BY: SEXTON J.A. APPEARANCES: Ms. Pashalis Hatzitrifonos FOR THE APPLICANT, ON HIS OWN BEHALF Mr. Derek Edwards FOR THE RESPONDENT SOLICITORS OF RECORD: Pashalis Hatzitrifonos Toronto, Ontario FOR THE APPLICANT, ON HIS OWN BEHALF Morris Rosenberg Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca