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Discipline Panel decision set aside due to errors in standard of proof and negligence test.
The Association of Professional Engineers of Ontario (PEO) appealed a decision of its Discipline Panel that dismissed four allegations of professional misconduct against an engineer and his firm regarding their environmental assessment and remediation of an oil spill.
The Divisional Court allowed the appeal, finding that the Panel committed several errors of law, including applying a standard of proof higher than the balance of probabilities, failing to treat practising without a Certificate of Authorization as a strict liability offence, improperly drawing an adverse inference, and applying the tort concepts of harm and causation to the regulatory definition of negligence.
The court set aside the Panel's decision and remitted the matter to be reheard by a differently constituted panel.
Substantial indemnity costs awarded against a plaintiff for wilfully exaggerating a construction lien.
The defendant successfully moved to reduce the plaintiff's construction lien on the basis that it was wilfully exaggerated.
The parties could not agree on costs for the motion.
The court awarded the defendant costs on a substantial indemnity basis, finding that the plaintiff's conduct in wilfully exaggerating the lien warranted a higher scale of costs to deter such practices in the construction community.
Costs were fixed at $34,500.
Motion to discharge construction lien denied, but lien amount reduced due to wilful exaggeration.
The defendant moved to discharge the plaintiff's construction lien under section 47 of the Construction Act, arguing it was wilfully exaggerated and an abuse of process.
The lien related to biohazard remediation services following a death at the property.
The court found insufficient evidence to summarily discharge the lien as an abuse of process, noting triable issues regarding the agreed scope of work.
However, the court found that portions of the lien were wilfully exaggerated, including unsubstantiated labour hours and opportunistic billing increases.
The court reduced the lien amount by $48,041.80 pursuant to section 35 of the Construction Act.
