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
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