Discipline Committee of the Association of Professional Engineers of Ontario (PEO)
DISCIPLINE COMMITTEE OF THE ASSOCIATION OF PROFESSIONAL ENGINEES OF ONTARIO (PEO)
Indexed: The Association of Professional Engineers of Ontario (PEO) v Cao et al, 2023 ONAPE 6
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.
BETWEEEN:
The Association of Professional Engineers of Ontario (PEO)
-and-
Zhi Qiang Cao, P.ENG. and DBI Group Ltd.
PANEL MEMBER: Albert Sweetnam, P.Eng. CHAIR
Alisa Chaplick, LL.B., LL.M. MEMBER
Charles McDermott, P.Eng. MEMBER
Hearing Dates: 2023-06-26
Decision Date: 2023-06-26
Release of Written: 2023-06-26
Reasons:
NAME OF LAWYER Leah Price, Counsel for the Association (PEO)
NAME OF LAWYER Michael Burokas, Counsel for Zhi Qiang Cao (Licence Holder) and DBI Group Ltd. (Holder of Certificate of Authorization)
NAME OF LAWYER Susan Heakes, Independent Legal Counsel to the Tribunal
DECISION AND ORDER
[1]. This decision is made as the result by 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.
First Adjournment Request
[2]. This is the third time that the Moving Parties have requested an adjournment in this matter. The first request was made on 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.
[3]. In response to the adjournment request, on March 1, 2023, the Panel released Decision and Order ("March Order") requesting the 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. Mr. Cao 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.
Second Adjournment Request
[4]. On 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 or 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.
[5]. By an Order dated May 23, 2023, the Panel granted the adjournment but stated that the hearing would be peremptory to the Moving Parties. In the Order, the Panel advised that this means the hearing would proceed on the dates set, pursuant to the consultation process with the Parties, described therein, regardless of whether or not the Moving Parties or their counsel and/or any expert witness or other witnesses attend on their behalf, after the dates were set. As a result of this process the hearing was set for September 26-28, 2023.
Third (Current) Adjournment Request, Decision and Order
[6]. The current adjournment was sought because the Moving Parties have changed lawyers and the new lawyer is not available on the September dates that were set.
Decision
[7]. The Panel denies this adjournment request. In so doing, the Panel accepts Counsel for the Association's arguments that the second adjournment was made peremptory to the Moving Parties. In addition, the Panel accepts Counsel for the Association's arguments that Mr. Cao has known about the peremptory nature of the second adjournment since at least May 24, 2023 and has known since at least June 6, 2023 that new counsel would need to be retained. The Panel also notes that the hearing is still approximately 3 months away.
Order
[8]. This Panel orders the following:
The Moving Parties' request for a further adjournment is denied and the hearing will proceed as scheduled on September 26-28. 2023.
The Panel remains seized of this matter and will hear the case on the merits.