Discipline Committee of the Association of Professional Engineers of Ontario (PEO)
Date: 2023-05-23 Citation: Association of Professional Engineers of Ontario (PEO) v Cao et al, 2023 ONAPE 5 Indexed as: The Association of Professional Engineers of Ontario (PEO) v Cao et al, 2023 ONAPE 5
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: 2023-02-26 Decision Date: 2023-05-23 Release of Written Reasons: 2023-05-23
Counsel
- Leah Price and Claire McNevin, Counsel for the Association (PEO)
- Bahram Dehghan, Counsel for Zhi Qiang Cao (Licence Holder) and DBI Group Ltd. (Holder of Certificate of Authorization)
- Susan Heakes, Independent Legal Counsel to the Tribunal
DECISION AND ORDER
1This decision is made pursuant to a request by counsel for Zhi Qiang Cao, P.Eng. ("Mr. Cao") and DBI Group Ltd. (collectively the "Moving Parties") to adjourn a 3-day hearing as described more particularly below.
2This is the second time that the Moving Parties have requested an adjournment in this matter. The first request was made February 26, 2023, when Mr. Cao emailed the Tribunal Office requesting an adjournment in this matter, which was scheduled to take place from March 6, 2023 – March 8, 2023.
3In response to the first adjournment request, on March 1, 2023, the Panel released a Decision and Order ("March Order") requesting the Moving Parties to advise as to whether they were available during the period of June 5, 2023 – June 7, 2023, within 5 business days of the March Order, failing which the hearing would proceed on those dates (counsel for the PEO had already indicated that they were available on those dates). The Moving Parties did not respond and, accordingly, pursuant to the Panel's March Order, the March 6, 2023 – March 8, 2023 hearing dates were adjourned to June 5, 2023 – June 7, 2023.
4On April 28, 2023, new counsel for the Moving Parties, Mr. Dehghan, wrote to the Discipline Committee and PEO's counsel stating that his firm had recently been retained and he was unavailable for any hearing dates in June 2023 on July 2023. Furthermore, in submissions to the Panel dated May 17, 2023, on behalf of the Moving Parties, regarding the adjournment request, Mr. Dehghan asked for time for an expert to be retained and an expert report to be prepared and for time to review PEO's disclosure in the case. He requested an adjournment until September 2023.
Decision
5The Tribunal hereby expresses its intention to set this hearing for 3 consecutive days in September 2023, as described more particularly below. The hearing will be peremptory to the Moving Parties, which means that the hearing will proceed on the dates that are set, pursuant to the process described more particularly below, regardless of whether or not the Moving Parties or their counsel and/or any expert witnesses or other witnesses attend on their behalf, after the dates are set.
6In addition, any matters pertaining to the disclosure of an expert witness, or an expert witness report, that the Moving Parties may chose to obtain, must comply with the "Rules of Procedure of the Discipline Committee of the Association of the Professional Engineers of Ontario as amended" (the "Rules").
Order
7The 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.
- The Moving Parties' request to adjourn is granted, pursuant to the terms of this Order, and will be peremtory