Court File and Parties

CITATION: Association of Professional Engineers of Ontario v. Leung, 2017 ONSC 7619

DIVISIONAL COURT FILE NO.: 71/17

DATE: 2017/12/19

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)

[1] This is a statutory appeal from a decision of the Discipline Committee of the Association of Professional Engineers of Ontario.

[2] The 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.

[3] The respondent has not participated in these proceedings or in the proceedings before the Discipline Committee.

[4] The issue was raised below by independent counsel to the Discipline Committee.

[5] We 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.

[6] We direct that appellant’s counsel provide this endorsement to Pro Bono Law to the attention of Matt Cohen, Director of Litigation Projects.

[7] This 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