Andreopoulos v. Canada ( Veterans Appeal Board )
T-1404-95
Noël J.
18/10/96
15 pp.
Application for judicial review of Veterans Appeal Board decision affirming decision of Quebec Region Review Committee (RRC) upholding revocation of applicant's allowance payable under War Veterans Allowance Act-Allowance originally granted on basis of applicant's service in Greek National Resistance Forces in 1943-1944-Then, after Greece notified Canada some service certificates false, allowance cancelled as certificate of service submitted with application for allowance forgery, and applicant required to pay back allowances received to date-Applicant submitted second certificate from other Greek province, Achaia and sought to have decision revised-Application denied by RRC on May 6, 1991, but informed decision would be reviewed if second certificate validated-While applicant's appeal to Veterans Appeal Board, filed April 15, 1992, pending, and before second cerificate authenticated, Act (s. 6.1(1)) amended, effective March 2, 1992, removing benefit of allowances for resistance fighters who assisted allied forces during first and second World Wars, adding that allowances payable to resistance fighters on or before March 2, 1992 shall continue to be paid-Veterans Appeal Board recognized fact second certificate authentic and agreed reinstatement would normally have followed but concluded amendment disentitled applicant to allowance-Application allowed-Issue whether applicant entitled to allowance despite 1992 amendment-Clear from Canada (Attorney General) v. Andritsopoulos (1994), 80 F.T.R. 104 (F.C.T.D.) resistance fighters entitled to continued payment of allowance "those who had a legal right to obtain payment of the allowance as of March 2, 1992"-No doubt applicant had such right in 1989 when original grant of allowance made-Allowance first suspended pending outcome of investigation, then revoked-However, RRC's decision to maintain revocation made conditional; if second certificate validated, decision to be reviewed-Board pre-empted very decision it purported to affirm-Board failed to consider impact of validation of second certificate on decision under appeal, and time as of which impact was to be assessed-RRC's decision to overturn or maintain revocation depending on outcome of validation process made on May 6, 1991-Giving effect to RRC's decision, in light of fact second certificate validated, applicant again became entitled to allowance as of May 6, 1991-Conclusion also flowing from provisions of Civil Code of Quebec pertaining to conditional obligations (Art. 1497), stating materialization of condition having retroactive effect to time conditional obligation made or undertaken (Art. 1506)-Board therefore erred in law in holding reinstatement of applicant's allowance barred by 1992 amendments-War Veterans Allowance Act, R.S.C., 1985, c. W-3, s. 6.1 (as enacted by S.C. 1992, c. 24, s. 10)-Civil Code of Quebec, Arts. 1497, 1506.