Date: 19980624
Docket: A-327-94
(T-1888-93)
CORAM: MARCEAU J.A.
LINDEN J.A.
ROBERTSON J.A.
BETWEEN:
LOUCAS ANDRITSOPOULOS
Appellant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia,
on Wednesday, June 24, 1998)
MARCEAU J.A.
[1] In spite of his able argument, counsel for the appellant has not been able to persuade us that there was error in the judgment of the learned trial judge.
[2] More particularly, we share the view of the trial judge that the repeal of the right of resistance fighters to receive allowances, when read with the other sections of the War Veterans Allowance Act, specifically the sections grandfathering the right of those who had allowances which were either paid or payable, lead by necessary implication to the conclusion that Parliament intended to cut off people such as the appellant who could have been well advanced in the application process but were not yet in receipt of an allowance or had not had their right to receive one approved. It is clear from the facts, as found by the trial judge, that the appellant was merely having his right to a benefit investigated when amendments to the Act made it unavailable to him; the benefit was not accrued nor accruing to him.
[3] All that had been determined by the Veterans' Appeal Board was that the appellant was a "fighter" in the Greek resistance, a condition precedent for the receipt of a veterans allowance. His actual entitlement to an allowance had not been finally established as of March 2, 1992. Unfortunately, the cut-off date necessarily applied to him.
[4] The appeal will be dismissed with costs.
"Louis Marceau"
J.A.
Date: 19980624
Docket: A-327-94
(T-1888-93)
CORAM: MARCEAU J.A.
LINDEN J.A.
ROBERTSON J.A.
BETWEEN:
LOUCAS ANDRITSOPOULOS
Appellant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Vancouver, British Columbia, on Wednesday, June 24, 1998.
Judgment rendered from the Bench on Wednesday, June 24, 1998.
REASONS FOR JUDGMENT OF THE COURT BY: MARCEAU J.A.
FEDERAL COURT OF APPEAL
Date: 19980624
Docket: A-327-94
(T-1888-93)
BETWEEN:
LOUCAS ANDRITSOPOULOS
Appellant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
OF THE COURT