VETERANS |
Giannoulakis v. Canada (Attorney General)
T-452-03
2003 FCT 703, Nadon J.A. (ex officio)
4/6/03
11 pp.
Application to set aside decision of Veterans Review and Appeal Board applicant not entitled to widow's allowance as late husband's military service did not meet requirements of War Veterans Allowance Act--In 1987, Board found Mr. Giannoulakis' military service met requirements of Act, war veterans allowance approved--Allowance terminated in 1995 as result of legislative change excluding service in resistance forces--Mr. Giannnoulakis advised service did not meet requirements of Act despite attempt to prove service on island of Crete formal military service--Following Mr. Giannoulakis' death, son provided additional documentation to prove father worked with British Intelligence on Crete --Applicant applied for veterans allowance as Mr. Giannoulakis' widow on basis of that information--Veterans Affairs Departmental Memorandum stating only Greek military service between October 28, 1940 and May 31, 1941 constitutes formal military service--Consequently, all service in Greek military during war, after German occupation, considered resistance force service--Board's conclusion Mr. Giannoulakis' resistance service did not meet requirements of Act not unreasonable--Applicant has not demonstrated Mr. Giannoulakis' service meets statutory definition of allied veteran found in Act, s. 37(4), which expressly excludes those who served as members of resistance group--In 1992, Act amended to exclude service in resistance forces from definition of "allied veteran" in s. 37--S. 6.1 added to explicitly "grandfather" those receiving allowances prior to 1992 by reason of service in resistance force--In 1995, Budget Implementation Act repealed s. 6.1, thus removing "grandfather" clause, indicating intention of terminating payments to those grandfathered in 1992--1995 amendments also repealed Act, s. 37(4)(b), (6)(b)--S. 6.2 added to grandfather those receiving payments as of 1995 under s. 37(4)(b), (6)(b)--S. 6.2 not applying to Mr. Giannoulakis-- Latter not eligible to be grandfathered under s. 6.2 since applicant has not established late husband's service other than resistance service--Application dismissed--War Veterans Allowance Act, R.S.C., 1985, c. W-5, ss. 6.1 (as enacted by S.C. 1992, c. 24, s. 10; rep. by S.C. 1995, c. 17, s. 69); 6.2 (as enacted by S.C. 1995, c. 17, s. 70; 1999, c. 10, s. 2; 2000, c. 12, ss. 328(b), 332(d)), 37 (as am. by R.S.C., 1985 (2nd Supp.), c. 12, s. 14; S.C. 1992, c. 24, s. 11; 1995, c. 17, s. 71; 1999, c. 10, s. 3; 2000, c. 34, ss. 89, 90(j))--Budget Implementation Act, 1995, S.C. 1995, c. 17.