Date: 20041005
Docket: A-136-03
Citation: 2004 FCA 331
CORAM: DÉCARY J.A.
NADON J.A.
MALONE J.A.
BETWEEN:
MINAZ KASSAM
Applicant
and
HER MAJESTY THE QUEEN
ATTORNEY GENERAL FOR CANADA
HUMAN RESOURCES DEVELOPMENT OF CANADA/
EMPLOYMENT INSURANCE COMMISSION
Respondents
Heard at Vancouver, British Columbia on October 4, 2004.
Judgment delivered at Vancouver, British Columbia on October 5, 2004.
REASONS FOR JUDGMENT BY: DÉCARY J.A.
CONCURRED IN BY: NADON, MALONE JJ.A.
Date: 20041005
Docket: A-136-03
Citation: 2004 FCA 331
CORAM: DÉCARY J.A.
NADON J.A.
MALONE J.A.
BETWEEN:
MINAZ KASSAM
Applicant
and
HER MAJESTY THE QUEEN
ATTORNEY GENERAL FOR CANADA
HUMAN RESOURCES DEVELOPMENT OF CANADA/
EMPLOYMENT INSURANCE COMMISSION
Respondents
REASONS FOR JUDGMENT
DÉCARY J.A.
[1] This application for judicial review cannot succeed.
[2] The applicant was found to have had no insurable employment during his qualifying period based on false records of employment and the insurability ruling of Revenue Canada. It was also found that he had given the Commission false and misleading statements which resulted in a penalty. These conclusions are supported by the evidence.
[3] With respect to the applicant's arguments pertaining to the joint hearing by an umpire of the four appeals, to the failure to provide a tape and to the delay incurred, they were dismissed today in the companion file A-135-03. There is no point repeating the reasons already given in that file.
[4] The application should be dismissed with costs, but since files A-134-03, A-135-03, A-136-03 and A-137-03 were heard together by the Court, there should be one set of costs only with respect to the hearing.
(Sgd.) "Robert Décary"
J.A.
"I agree" (Sgd.) "Marc Nadon"
J.A.
"I agree" (Sgd.) "B. Malone"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-136-03
STYLE OF CAUSE: Minaz Kassam v. Her Majesty the Queen et al
PLACE OF HEARING: Vancouver, B.C.
DATE OF HEARING: October 4, 2004
REASONS FOR JUDGMENT: DÉCARY, NADON, MALONE JJ.A.
APPEARANCES:
Mr. Moez Kassam FOR THE APPLICANT
(as representative)
Ms. Maria Molloy FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General for Canada
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