The applicants sought an order quashing and permanently prohibiting a disciplinary proceeding against them before the Discipline Committee of the Professional Engineers of Ontario, alleging a reasonable apprehension of bias.
The Divisional Court found that the tribunal's administrative staff had inappropriately interfered in the scheduling process, demanded evidence for adjournments, and usurped the role of the Chair.
The Chair was found complicit in this conduct and interfered with the independence of a panel member who had ruled against the staff's request to be added as a party.
The court concluded that a reasonable apprehension of bias was established and permanently stayed the disciplinary proceedings.
