Date: 19991006
Docket: A-903-96
CORAM: DESJARDINS, J.A.
LÉTOURNEAU, J.A.
CHEVALIER, D.J.A.
BETWEEN:
THE VETERANS APPEAL BOARD
and
THE ATTORNEY GENERAL OF CANADA
Appellants
(Respondents)
AND
SOPHIA (BARBAGIANNI) ANDREOPOULOS
Respondent
(Applicant)
Hearing held in Montreal (Quebec), Wednesday, October 6, 1999
Judgment pronounced at hearing in Montreal (Quebec), Wednesday, October 6, 1999
REASONS FOR JUDGMENT OF THE COURT: DESJARDINS, J.A.
Date: 19991006
Docket: A-903-96
CORAM: DESJARDINS, J.A.
LÉTOURNEAU, J.A.
CHEVALIER, D.J.A.
BETWEEN:
THE VETERANS APPEAL BOARD
-and-
THE ATTORNEY GENERAL OF CANADA
Appellants
(Respondents)
AND
SOPHIA (BARBAGIANNI) ANDREOPOULOS
Respondent
(Applicant)
REASONS FOR JUDGMENT
DESJARDINS, J.:
[1] We are of the view that, in the particular circumstances of this case, this appeal should be dismissed.
[2] There was great confusion as to the proper interpretation to be given to the decision of the Regional Review Committee, in particular whether its decision was a final or conditional one.
[3] The motion judge decided it was conditional and that the validity of the certificate attesting that the respondent was a member of the Greek National Resistance Forces was retroactive to May 6, 1991.
[4] We agree.
[5] This appeal will therefore be dismissed with costs.
Alice Desjardins
J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: A-903-96
STYLE OF CAUSE: THE VETERANS APPEAL BOARD ET AL
Appellants
(Respondents)
AND
SOPHIA (BARBAGIANNI) ANDREOPOULOS
Respondent
(Applicant)
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: October 6, 1999
REASONS FOR JUDGMENT OF DESJARDINS, J.
DATED: October 6, 1999
APPEARANCES:
Mr. David Lucas for the Appellants
(Respondents)
Mr. Basile Angelopoulos for the Respondent
(Applicant)
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada for the Appellants
Ottawa, Ontario (Respondents)
ANGELOPOULOS KIRIAZIS for the Respondent
Montreal, Quebec (Applicant)