Licence Appeal Tribunal
Appeal from a Notice of Proposal by the Director under the Building Code Act, 1992, S.O. 1992, c. 23 to suspend registration
CONSENT ORDER
Adjudicator: Patricia McQuaid, Vice-Chair
Appearances:
For the Appellant: Self-represented
For the Respondent: Andrea Taylor, Counsel
Heard by Teleconference: December 12, 2018
CONSENT ORDER
1This is an appeal of the Director’s Notice of Proposal, issued on June 27, 2018, to suspend Mr. Moustafarobah’s (the “appellant”) registration to carry out certain design activities under the Building Code Act, 1992 and its regulations. The Notice of Proposal was amended on November 13, 2018 to allege a breach of conditions of registration. The Director relies on the same underlying facts in her amended Notice of Proposal. The proposed suspension is for a period of 12 months. The appellant is currently under a 12 month suspension which expires on April 24, 2019. If the appellant meets certain conditions that suspension could be reduced to nine months, thereby ending on January 24, 2019.
2Two case conferences were held in this matter. Prior to the second case conference on December 12, 2018, the parties advised that they had reached a settlement agreement, a copy of which was provided to the Tribunal.
3The terms of the settlement agreement (Schedule “A”) were reviewed at the case conference. The respondent requested, to which the appellant consented, that an order be issued incorporating the terms of the settlement agreement which would then conclude this matter.
4After hearing from Ms. Taylor and Mr. Moustafarobah, and upon consent of the parties, and pursuant to section 4.1 of the Statutory Powers Procedure Act, this Tribunal orders that the proceedings in this matter are concluded and disposed of without a hearing on the basis of the terms set out in Schedule “A”, which are incorporated into and made part of this Order
LICENCE APPEAL TRIBUNAL
Patricia McQuaid, Vice-Chair
Released: December 12, 2018
Tribunal File 11548/BCA
Schedule "A"
Amradel Moustafarobah (Appellant)
and
Director, Under the Building Code Act, 1992 (Respondent)
Settlement Agreement
The parties agree to settle the matter on the following terms:
The period of suspension is 4 months.
The period of suspension runs consecutive to the current suspension.
Neither party will make a request for costs related to the LAT proceedings.
This suspension will begin when the current suspension is completed. Therefore, there are three possible dates on which this suspension would begin:
(i) If the conditions set out in the April 25, 2018 suspension letter are met before January 24, 2019, this suspension will begin on January 25, 2019.
(ii) If the conditions are met between January 25 and April 24, 2019, this suspension will begin on the latter of the date Mr. Moustafarobah provides the Director with notice that he completed the conditions and the date the Director receives notice from Humber College that he passed the Designer-Legal Examination.
(iii) If the conditions are not met, this suspension will begin on April 25, 2019.
Andrea Taylor Date
Representing the Director
Under the Building Code Act, 1992
Amradel Moustafarobah Date