The appellants, a professional engineer and his firm, appealed a finding of professional misconduct by the Discipline Committee of the Association of Professional Engineers of Ontario.
The finding was based on a highly critical and intemperate letter the appellant wrote to a municipality regarding another engineering firm's proposal.
The Divisional Court upheld the finding of professional misconduct, deferring to the Committee's expertise that the conduct was unprofessional.
However, the Court allowed the appeal regarding the penalty, finding the original sanctions excessive given the appellant's long, unblemished career and the fact that his technical advice was ultimately correct and saved the municipality money.
The penalty was reduced to an oral reprimand and publication.
