The appellant, a professional engineer, appealed the dismissal of his action for malicious prosecution, abuse of process, and breach of statutory duty against the Association of Professional Engineers of Ontario and its employees.
The trial judge dismissed the action on the basis of statutory immunity under s. 45(1) of the Professional Engineers Act, finding the respondents acted in good faith.
The Divisional Court upheld the dismissal, finding no error in the trial judge's conclusions on good faith or her refusal to extend the time for a jury notice.
However, the Court granted leave to appeal costs, finding the trial judge made a palpable and overriding error in awarding solicitor and client costs, and reduced the costs to a party-and-party basis.
