Discipline Committee of the Association of Professional Engineers of Ontario (PEO)
DISCIPLINE COMMITTEE OF THE ASSOCIATION OF PROFESSIONAL ENGINEERS OF ONTARIO (PEO)
Indexed as: The Association of Professional Engineers of Ontario (PEO) v Ahmad et al, 2022 ONAPE 2
IN THE MATTER OF a hearing under the Professional Engineers Act, R.S.O. 1990, c. P. 28;
AND IN THE MATTER OF a complaint regarding the conduct of Hafiz M. Ahmad, P. Eng., a member of the Association of Professional Engineers of Ontario and Orbit Engineering Limited, a holder of a Certificate of Authorization.
BETWEEN:
The Association of Professional Engineers of Ontario (PEO)
-and-
Hafiz M. Ahmad, P.ENG. and Orbit Engineering Limited
PANEL MEMBERS: Charles McDermott, P.Eng. CHAIR
Alisa Chaplick, LL.B., LL.M. MEMBER
James Amson, P.Eng. MEMBER
Hearing Dates: 2022-11-22
Decision Date: 2022-12-12
Release of Written: 2022-12-12
Reasons:
NAME OF LAWYER Matthew Howe and Tabir Malik (articling student), Counsel for the Association (PEO)
NAME OF LAWYER Julian Heller, Counsel for Hafiz M. Ahmad (Licence Holder) and Orbit Engineering Limited (Holder of Certificate of Authorization)
NAME OF LAWYER Steven Bosnick, Independent Legal Counsel to the Tribunal
ORDER
[1]. This Order is made pursuant to a Motion by Hafiz M. Ahmad, P.Eng. and Orbit Engineering Limited (collectively the “Moving Party” or the (“Defendants”) which was heard on November 22, 2022.
[2]. This Panel orders the following:
The Panel has jurisdiction to hear this matter and is exercising its authority to issue this Order pursuant to Rule 1.7 of the “Rules of Procedure of the Discipline Committee of the Association of Professional Engineers of Ontario as amended”;
The Panel remains seized of this matter and will hear the case on the merits, scheduled to take place from January 16-20, 2023 (“January Hearing”);
[3]. Further reasons for the Panel’s decision regarding the Order will be provided in the Panel’s decision and reasons in the January Hearing;
[4]. The Moving Party’s motion is granted in part;
Orders on Consent
[5]. Salvatore Beltrano and Tom Schloessin will speak to counsel for the Toronto District School Board (“TDSB”) regarding what they can comply with pertaining to counsel for the Moving Party’s requests in this motion. Upon receiving a response from counsel for the TDSB, they will comply with what they can, on or before the date decided by the Panel in paragraph 12, and provide a copy of what they provide to counsel for the Moving Party to counsel for the Association of Professional Engineers of Ontario (“PEO”) on or before the date decided by the Panel in paragraph 12;
[6]. Avinash Garde and Snyder Architects (“Garde and Snyder”) will provide various electronic documents to counsel for the Moving Party with a copy to counsel for the PEO, on or before the date decided by the Panel in paragraph 12. Garde and Snyder are prepared to enter into discussions with counsel for the Moving Party if his clients consider the documents to be insufficient upon receipt of them;
[7]. With respect to Abdullah Gulzar and Best Homes Inc. (“Gulzar and Best Homes”), Gulzar will attempt to seek permission from Best Homes to provide various documents to counsel for the Moving Party with copies to the PEO on or before the date decided by the Panel in paragraph 12. To the extent that follow-up conversations are necessary regarding production of documents, Gulzar is prepared to enter into discussions with counsel for the Moving Party regarding same;
[8]. Eldon Theodore, who appeared on behalf of MHBC Planning, is prepared to provide relevant MHBC Planning documents to counsel for the moving Party with a copy to the PEO, in a way that preserves the metadata. This must be done on or before the date decided by the Panel in paragraph 12. If there are issues regarding what is provided, Mr. Theodore is prepared to have a discussion regarding next steps with counsel for the Moving Marty;
[9]. Upon counsel for the Moving Party providing counsel for Great Gulf with specific reference to documents which Great Gulf was involved in, counsel for Great Gulf will seek instructions to provide these documents, in a format which contains their metadata, to counsel for the Moving Party. Counsel for Great Gulf will prepare a draft Order, on consent, by December 6, 2022 for the Panel’s review. If the parties are unable to reach agreement on a draft order, they will advise the Panel by December 6, 2022 and the Panel will consider next steps;
Production from Mohammadi, Hopkins, Lametti, Khokhar, Virani and HLV2K Engineering Limited
[10]. Antonio Conte was present on behalf of his clients: Kourosh Mohammadi, Daniel Hopkins, Gianni “John” Lametti, Muhammad Irfan Ahmad Khokhar, Mansurali Virani and HLV2K Engineering Limited (the “Conte Clients”). The Conte Clients opposed the production request. After considering the Conte Clients’ argument, the Panel nevertheless believes that granting a part of the motion is appropriate, vis-à-vis the Conte Clients. The Panel orders the Conte Clients to review the “List of Documents for Summons to Witness” at pages 115 and 116 of the Motion Record, and “Schedule A” at pages 117 to 128 of the Motion Record. The Panel further order the Conte Clients to provide the documents on these lists which are in any of their possession, in their native, electronic format, together with the metadata, to the Moving Party with copies to the PEO on or before the date decided by the Panel in paragraph 12.
Production from Winston Lew
[11]. Winston Lew has provided 1 email, which he received, to the PEO with the metadata. Counsel for the PEO will ask Mr. Lew to provide that email. With the metadata, to counsel for the Moving Party on or before the date decided by the Panel in paragraph 12. Counsel for the Moving Party reserves the right to make a further motion pertain to any documents which may be in the possession of Winston Lew if the Moving Party deems it to be necessary;
Date Decided by Panel
[12]. For the purpose of paragraphs 5, 6, 7, 8, 10 and 11, the date decided by the Panel is December 30, 2022.
[13]. All of the documents outlined for production in this Order must only be provided to the extent that the individuals listed in the Order have them in their possession;
[14]. The PEO must make best efforts to provide any expert report that it will be relying on at the January Hearing to the Defendants forthwith and if this not possible, any expert report that the PEO will be relying on at the January Hearing must be provided to the Defendants by December 16, 2022.
[15]. Counsel may make further motions pertaining to this matter as they deem to be necessary, in accordance with the relevant rules; and
[16]. Costs of this motion, if any, will be determined at the January Hearing.