Nick Hambleton

The Association of Professional Engineers of Ontario appealed a Discipline Committee decision dismissing allegations against a member and his professional corporation.

The Committee found it lacked jurisdiction over the corporation's conduct prior to it obtaining a Certificate of Authorization, and dismissed allegations against the member regarding failure to complete contracted work due to insufficient evidence.

The Divisional Court dismissed the appeal, holding that the Committee's interpretation of its home statute regarding pre-licensure jurisdiction was reasonable and correct, and its factual findings regarding the scope of the contract were reasonable and entitled to deference.

The appellant brought a statutory appeal from a decision of the Discipline Committee of the Association of Professional Engineers of Ontario.

The appeal raised an important issue regarding the jurisdiction of a Discipline Committee over a member's prior conduct.

As the respondents did not participate, the Divisional Court adjourned the appeal and granted leave under Rule 13.03 to request Pro Bono Law Ontario to appoint amicus curiae to assist the court.

The applicant, a professional engineer, sought judicial review of a decision by the respondent's Complaints Committee refusing to refer his complaint against another engineer to the Discipline Committee.

The applicant alleged the other engineer engaged in professional misconduct by inappropriately sharing confidential shop drawings with a competitor and having a conflict of interest.

The Divisional Court found that while the Complaints Committee's written reasons were defective for lacking transparency, the record before the Committee provided ample justification for its decision.

Applying the principles from Newfoundland Nurses, the court supplemented the reasons with the record and concluded the decision was reasonable.

The application for judicial review was dismissed.

The applicants brought two motions in relation to their application for judicial review of a decision by the Association of Professional Engineers of Ontario Discipline Committee.

The first motion sought to compel the Committee to include a full transcript of the oral evidence in the record of proceedings.

The second motion sought an interim stay of the discipline proceedings pending the judicial review.

The Divisional Court dismissed both motions, finding that the relevant statutes do not oblige the Committee to order and pay for a transcript if one has not been prepared, and that the application for judicial review was premature as the administrative proceedings had not yet concluded.