The Ontario Professional Foresters Association (OPFA) brought an application against the respondent for allegedly engaging in the unauthorized practice of professional forestry and using prohibited designations under the Professional Foresters Act, 2000.
The OPFA relied heavily on the expert opinion of a former OPFA president.
The court found the expert evidence inadmissible due to a lack of independence and objectivity.
The court also held that the respondent was entitled to the statutory exception for work performed under the supervision of a registered professional forester, and that the quality of that supervision was not a relevant factor for the exception.
The court concluded the respondent did not breach the Act and dismissed the application.
