Canada (Attorney General) v. Bielich
The Federal Court of Appeal dismissed the application because the Board of Referees' finding that the release did not reflect the parties' agreement was supported by the evidence, the Umpire applied the correct reasonableness standard of review, and there was no basis for the Court to intervene.
Source-derived case information.
- Citation
- 2005 FCA 363
- Parties
- Applicant: The Attorney General of Canada; Respondent: Michael Bielich
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 1 November 2005
- Procedural Posture
- Judicial Review / Federal Court of Appeal Judgment
- Outcome
- Application dismissed
- Legal Topics
- Standard of Review, Settlement Agreement, Credibility, Reinstatement, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Attorney General of Canada
Applicant
Michael Bielich
Respondent
Procedural Posture
Judicial Review / Federal Court of Appeal Judgment
Legal Issues
- 1 Whether the Board of Referees erred in finding the written settlement release did not reflect the parties' agreement
- 2 Whether the Umpire applied the correct standard of review to the Board's decision
- 3 Whether the Court should intervene in the administrative decision in the circumstances
Ratio Decidendi
The Federal Court of Appeal dismissed the application because the Board of Referees' finding that the release did not reflect the parties' agreement was supported by the evidence, the Umpire applied the correct reasonableness standard of review, and there was no basis for the Court to intervene.
Court Disposition
Application dismissed
Orders
- Application dismissed with costs to the respondent fixed at $4,000.00 inclusive of tax and all disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Bielich Court (s) Database Federal Court of Appeal Decisions Date 2005-11-01 Neutral citation 2005 FCA 363 File numbers A-53-05 Decision Content 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