Federal Court of Appeal Decisions

Decision Information

Decision Content

Date: 20070118

Docket: A-526-05

Citation: 2007 FCA 55

 

CORAM:       LÉTOURNEAU J.A.

                        EVANS J.A.

                        MALONE J.A.

 

BETWEEN:

VASILIOS BILL FTERGIOTIS

 

Applicant

and

HUMAN RESOURCES DEVELOPMENT CANADA

Respondent

and

 

THE ATTORNEY GENERAL OF CANADA

 

Respondent

 

 

Heard at Vancouver, British Columbia, on January 18, 2007.

Judgment delivered from the Bench at Vancouver, British Columbia, on January 18, 2007.

 

REASONS FOR JUDGMENT OF THE COURT BY:                                                    EVANS J.A.

 


Date: 20070118

Docket: A-526-05

Citation: 2007 FCA 55

 

CORAM:       LÉTOURNEAU J.A.

                        EVANS J.A.

                        MALONE J.A.

 

BETWEEN:

VASILIOS BILL FTERGIOTIS

 

Applicant

and

HUMAN RESOURCES DEVELOPMENT CANADA

Respondent

and

 

THE ATTORNEY GENERAL OF CANADA

 

Respondent

 

 

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Vancouver, British Columbia, on January 18, 2007)

 

 

EVANS J.A.

[1]               This is an application for judicial review by Vasilios Bill Ftergiotis to set aside a decision of an Umpire, dated September 9, 2005 (CUB 61299B). The Umpire dismissed Mr Ftergiotis’ appeal from the decision of a Board of Referees, dated July 31, 2003, upholding a penalty of $3,717.00 imposed by the Employment Insurance Commission under section 38 of the Employment Insurance Act, S.C. 1996, c. 23. 

[2]               The penalty was imposed on the basis that Mr Ftergiotis had misrepresented on nine report cards that he had no earnings while receiving employment insurance benefits. In fact he had employment income of $25,015 from the same employer for October 13, 2001 to February 23, 2002, the entire period of his benefit claim. These misrepresentations resulted in an overpayment of employment insurance benefits of $5,168.00.

 

[3]               In addition to the penalty, the Commission also determined that Mr Ftergiotis had incurred a very serious violation pursuant to section 7.1 of the Act, which increased the number of hours that he must work in order to be eligible in the future for benefits.

 

[4]               Mr Ftergiotis acknowledges that he misrepresented that he had no earnings and no employment while in receipt of employment insurance benefits, and that he is liable to repay the resulting overpayment. However, he says that he should not have to pay the penalty as well, because the misrepresentations were not made “intentionally”, but resulted from “a human error” and “confusion” caused by, among other things, his employer’s pay system.

 

[5]               Mr Ftergiotis is only liable to a penalty under section 38 if the Commission became aware of facts which in its opinion established that he knew that his misrepresentations were false. In our view, there was, as the Board of Referees found, ample evidence to support the Commission’s opinion that Mr Ftergiotis knew that he had earnings during the 17 weeks that he was receiving benefits.

 

[6]               In particular, his employment was continuous, full time and of some duration (more than 700 hours in 17 weeks), resulting in nine misrepresentations; he knew he was working and should have reported that, even if he was in doubt about the exact amount of his earnings; and the penalties previously imposed upon him, which the Commission forgave, must have made him aware of his obligation to be truthful in his reports. Nor is there any basis for finding that, in fixing the amount of the penalty, the Commission failed to exercise its discretion under subsection 38(2) in a lawful manner.  

 

[7]               For these reasons, the application for judicial review will be dismissed. The style of cause will be amended by removing Human Resources Development Canada as a respondent. 

 

 

"John M. Evans"

J.A.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FEDERAL COURT OF APPEAL

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

 

DOCKET:                                                                  A-526-05

 

 

STYLE OF CAUSE:                                                  VASILIOS BILL FTERGIOTIS. v.

                                                                                    HRDC and AGC

 

 

PLACE OF HEARING:                                            Vancouver, British Columbia

 

DATE OF HEARING:                                              January 18, 2007

 

REASONS FOR JUDGMENT                                LÉTOURNEAU J.A.

OF THE COURT BY:                                               EVANS J.A.

                                                                                    MALONE J.A.

 

DELIVERED FROM THE BENCH BY:                EVANS J.A.

 

 

 

APPEARANCES:

 

Vasilios Bill Ftergiotis

ON HIS OWN BEHALF

 

Cindy W. Mah

 

FOR THE RESPONDENT

 

 

 

SOLICITORS OF RECORD:

 

John H. Sims, Q.C.

Deputy Attorney General of Canada

FOR THE RESPONDENT

 

 

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.