Villa v. Association of Professional Engineers of Ontario, 2018 ONSC 1543

Analysis

1This application is dismissed because it is premature. In Minty v. Lucas, 2014 ONSC 3169 at para. 18:

This Court has consistently held that save in extraordinary circumstances, applications for judicial review of the decisions of administrative tribunals should not be brought until the completion of the tribunals' proceedings. The Court has consistently followed a well-established line of authority against a piecemeal approach to the judicial review of administrative action. In the absence of exceptional circumstances, it is preferable to allow administrative proceedings to run their full course before a tribunal and to consider the legal issues arising from the proceeding, including procedural matters, against the backdrop of a full record and a reasoned decision of the tribunal.

2We are of the view that there are no exceptional circumstances. In any event, we are satisfied that there was a resolution from the Executive Committee to the Discipline Committee in accordance with s. 27.1 of the Professional Engineers Act.

3The lack of formality in the resolution is not a special circumstance because the applicant was provided with a clear articulation of the allegations by the Discipline Committee.

4The lack of specificity in the referral is also cured by the statement of allegations. The decision of the Executive Committee we find is a resolution recorded in the Minutes and satisfies the requirements of the Act. The legislation does not require that a resolution recorded in the Minutes must otherwise be in writing.

5The applicant complains about the disclosure in outstanding civil proceedings between the parties of documents obtained by the respondent in its investigation of the applicant. The applicant also submits that this disclosure is itself a special circumstance justifying the courts intervention at this time. We do not agree. The disclosure issue is a matter for decision maker in the civil proceeding. It is not a matter for this forum.

Disposition

6Accordingly, the application is dismissed.

Costs

7I have endorsed the Application Record as follows: “This application is dismissed for oral reasons released today. Costs to the respondent all in, in the amount of $22,000.00 as agreed by the parties.”

___________________________ MARROCCO A.C.J.S.C.

I agree