Federal Court of Appeal Decisions

Date: 20051101

Docket: A-53-05

Citation: 2005 FCA 363

CORAM:        LINDEN J.A.

ROTHSTEIN J.A.

PELLETIER J.A.

BETWEEN:

                                                           

THE ATTORNEY GENERAL OF CANADA

Applicant

and

MICHAEL BIELICH

Respondent

Heard at Toronto, Ontario, on November 1, 2005.

Judgment delivered from the Bench at Toronto, Ontario, on November 1, 2005.

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

Date: 20051101

Docket: A-53-05

Citation: 2005 FCA 363

CORAM:        LINDEN J.A.

ROTHSTEIN J.A.

PELLETIER J.A.

BETWEEN:

                                                THE ATTORNEY GENERAL OF CANADA

Applicant

and

MICHAEL BIELICH

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Toronto, on November 1, 2005)

PELLETIER J.A.

[1]                We are of the view that the application should be dismissed.                  

[2]                Prior to the hearing before the Board of Referees, the Commission had notice of the Respondent's position that the written settlement agreement did not reflect the agreement between the parties. For reasons which are unexplained it chose not to respond either in writing or in person to the respondent's position.

[3]                The Board of Referees heard the claimant and found his explanation credible. Given the evidence before it, it concluded that the release did not represent the agreement between the parties and accepted that the entire settlement amount was attributable to the respondent's renunciation of his right to reinstatement.

[4]                The Umpire applied the proper standard of review and concluded that, on the basis of the evidence before it, the Board's decision was reasonable.

[5]                In the circumstances, we see no reason to intervene.

[6]                The application for judicial review should be dismissed with costs for the respondent fixed at $4,000.00 inclusive of tax and all disbursements.

                                                                                                                       "J. D. Denis Pelletier"

                                                                                                                                                      J.A.                             

FEDERAL COURT OF APPEAL

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                       A-53-05

STYLE OF CAUSE:                           THE ATTORNEY GENERAL OF CANADA

Applicant

and

MICHAEL BIELICH

                                                                                                                                                           

Respondent

PLACE OF HEARING:                                 TORONTO, ONTARIO

DATE OF HEARING:                                   NOVEMBER 1, 2005

REASONS FOR JUDGMENT OF              

THE COURT BY:                                           (LINDEN, ROTHSTEIN & PELLETIER JJ.A.)

DELIVERED FROM THE

BENCH BY:                                                    PELLETIER J.A.         

APPEARANCES:

Sadian Campbell                                              FOR THE APPLICANT

Michael A. Church                                            FOR THE RESPONDENT

SOLICITORS OF RECORD:

John H. Sims Q.C.

Deputy Attorney General of Canada                  FOR THE APPLICANT

CaleyWray

Toronto, Ontario                                               FOR THE RESPONDENT