Court File and Parties
DIVISIONAL COURT FILE NO.: 71/17
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: ASSOCIATION OF PROFESSIONAL ENGINEERS OF ONTARIO, Appellant
AND:
siu h.e. leung, p.eng and jit professional services inc., Respondents
BEFORE: LEDERMAN, M.G. QUIGLEY and MATHESON JJ.
COUNSEL: Leah Price and Nick Hambleton, for the Appellant
No one appearing for the Respondents
HEARD at Toronto: December 19, 2017
ENDORSEMENT
LEDERMAN J. (Orally)
1This is a statutory appeal from a decision of the Discipline Committee of the Association of Professional Engineers of Ontario.
2The appeal raises an important issue regarding the jurisdiction of a Discipline Committee with respect to prior conduct of a member. The appellant notes that the decision may have an impact beyond this tribunal.
3The respondent has not participated in these proceedings or in the proceedings before the Discipline Committee.
4The issue was raised below by independent counsel to the Discipline Committee.
5We conclude that this court would benefit from the assistance of amicus curiae on this issue. We therefore grant leave under Rule 13.03 and request that Pro Bono Law Ontario appoint counsel to act as a friend of the court to render assistance to the court on the above issue by way of argument. The appellant consents to the appointment of a friend of the court.
6We direct that appellant’s counsel provide this endorsement to Pro Bono Law to the attention of Matt Cohen, Director of Litigation Projects.
7This appeal is adjourned to a date to be fixed by the Administrative Judge of Divisional Court.
LEDERMAN J.
I agree _______________________________
M.G. QUIGLEY J.
I agree _______________________________
MATHESON J.
Date: December 20, 2017