DISCIPLINE COMMITTEE OF THE ASSOCIATION OF PROFESSIONAL ENGINEERS OF ONTARIO (PEO)
Indexed as: The Association of Professional Engineers of Ontario (PEO) v Cao et al, 2023 ONAPE 1
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 Zhi Qiang Cao, P. Eng., a member of the Association of Professional Engineers of Ontario and DBI Group Ltd., a holder of a Certificate of Authorization.
BETWEEN:
The Association of Professional Engineers of Ontario (PEO)
-and-
Zhi Qiang Cao, P.ENG. and DBI Group Ltd.
PANEL MEMBERS: Albert Sweetnam, P. Eng. CHAIR Alisa Chaplick, LL.B., LL.M. MEMBER Charles McDermott, P. Eng. MEMBER
Hearing Dates: 2023-03-01
Decision Date: 2023-03-01
Release of Written: 2023-03-01
Reasons:
NAME OF LAWYER Leah Price, Counsel for the Association (PEO)
NAME OF LAWYER Zhi Qiang Cao and DBI Group Ltd., Self-represented
NAME OF LAWYER Susan Heakes, Independent Legal Counsel
This decision is made pursuant to a request by Zhi Qiang Cao, P. Eng. (“Mr. Cao”) and DBI Group Ltd (collectively the “Moving Parties”) to adjourn a hearing as described more particularly below.
On Sunday, February 26, 2023, Mr. Cao sent an email to the Tribunal Office requesting an adjournment of the hearing in this matter which was scheduled to take place from March 6, 2023 – March 8, 2023. He stated that he is not in the country and has limited access to the internet. In addition, he stated that he would be back in the country on March 20, 2023.
Counsel for the PEO responded by stating that PEO opposes the adjournment request but that if the request is granted, the PEO asks that the matter be fixed during the week of June 5, 2023 or June 12, 2023. The Panel members and the Panel’s Independent Legal Counsel are available for a hearing in this matter from June 5, 2023 – June 7, 2023 but unavailable during the week of June 12, 2023.
Counsel for the PEO also pointed to the history in this matter, stating that while PEO attempted to canvass dates with Mr. Cao, prior to March 6, 2023 – March 8, 2023 hearing dates being set by the Tribunal Office, Mr. Cao was unresponsive and there was no communication with him until the email sent to the Tribunal Office on Sunday, February 26, 2023, requesting an adjournment, as noted above.
Decision
- The Panel is hereby reluctantly agreeing to adjourn this matter to June 5, 2023 – June 7, 2023, subject to the availability of the Moving Parties and any witnesses that the Moving Parties may have.
Order
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 Moving Parties request to adjourn is granted.
The Moving Parties are required to advise the Tribunal Office within 5 business days of the date of this Order, as to whether they and any witnesses they may have, are available for the hearing on this matter from June 5, 2023 – June 7, 2023. If the Moving Parties fail to respond as indicated, the matter will be set from June 5, 2023 – June 7, 2023 and will proceed on that date.
The Panel remains seized of this matter and will hear the case on the merits.