Date: 20041213
Docket: A-350-03
Citation: 2004 FCA 430
CORAM: LÉTOURNEAU J.A.
SEXTON 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
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)
[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