Federal Court of Appeal Decisions

                                                                             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 13^th, 2004.

                Judgment delivered from the Bench at Toronto, Ontario, on December 13^th, 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