Examination and experience standards used by professional association admitting foreign graduates were not found discriminatory

21. March 2016 0
An Alberta Human Rights Tribunal found that the Association of Professional Engineers and Geoscientists of Alberta (the “Association”) discriminated against Mr. Mihaly, a Czechoslovakian educated engineer, by requiring him to write examinations to confirm his academic credentials and failing to recognize his education as equivalent to an engineering degree from an accredited university. The tribunal ...

An Applicant sought judicial review of a decision by the Complaints Committee of the Respondent Association of Professional Engineers of Ontario not to refer his complaint to its Discipline Committee. The Applicant further filed a motion for production of all documents related to the investigation of the Applicant’s complaint, the proceedings before the COC, and the decision of the COC. The Court dismissed the application for production, finding that the decision of the COC not to deal with a complaint was an exercise of discretion authorized by statute, falling outside of the definition of a statutory power of decision. Given the nature of the screening out decision, the requirement for producing the record of proceedings as framed by the Applicant was overly broad at this stage in the proceedings.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Professional misconduct – Investigations – Judicial review – Disclosure of records Harrison v. Assn. of Professional Engineers of Ontario, [2014] O.J. No. 5382, 2014 ONSC 6549, Ontario Superior Court of Justice, November 12, 2014, R. Beaudoin J. The Applicant ...

The appellant engineer argued that his appeal of the Discipline Committee’s professional misconduct findings should be an appeal de novo, and not an appeal on the record. The Council of the Association determined the appeal would be based on the record, and the judicial review application judge upheld that decision. The Court of Appeal dismissed the appellant’s interlocutory appeal of the application judge’s ruling because it did not meet the criteria of “exceptional circumstances” to justify the Court’s interlocutory intervention in the ongoing administrative process.

22. April 2014 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Rules and by-laws – Hearing de novo – Judicial review – Appeals Dorn v. Assn. of Professional Engineers and Geoscientists of Manitoba, [2014] M.J. No. 63, 2014 MBCA 25, Manitoba Court of Appeal, March 3, 2014, H.C. ...

The Applicant, Mr. Dorn, unsuccessfully sought judicial review of a decision of the Respondent’s council. That decision said that his appeal of a discipline committee decision was on the record, and not a hearing de novo.

24. September 2013 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Rules and by-laws – Engineers – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Hearings – Hearing de novo – Judicial review – Appeals – Compliance with legislation – Standard of review – Reasonableness simpliciter Dorn v. Assn. of Professional Engineers ...

The appeal by an engineer (“Kaminski”) from a finding of unprofessional conduct against him by a discipline committee panel (the “Panel”) of the Association of Professional Engineers and Geoscientists of British Columbia (the “Association”) was dismissed where the court found that the decision had been reasonable and there had been no breaches of the principles of natural justice in the conduct of the matter

25. May 2010 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Professional misconduct – Competence – Judicial review – Jurisdiction – Natural justice – Compliance with legislation – Standard of review – Reasonableness simpliciter Kaminski v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2010] B.C.J. No. ...

The appeal by the Association of Professional Engineers and Geoscientists of British Columbia (the “Association”) from a decision allowing the application for judicial review of an engineer (“Salway”) and setting aside the Association’s finding that Salway was guilty of professional misconduct for failing to respond to a client’s correspondence in a timely way was allowed where the Court held that the proper standard of review was reasonableness and the Association’s determination was within the range of reasonable outcomes

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Functions of a self-governing body – Professional misconduct / conduct unbecoming – Penalties and suspensions – review – Standard of review – Correctness – Reasonableness simpliciter Salway v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2010] B.C.J. No. ...

The Appellant Engineer (“Puar”) unsuccessfully appealed a decision of the Court, which denied his application for judicial review in respect of the Respondent Association’s decision that he was guilty of professional misconduct

22. December 2009 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Investigations – Engineers – Disciplinary proceedings – Competence – Judicial review – Jurisdiction – Compliance with legislation – Procedural requirements and fairness Puar v. Assn. of Professional Engineers and Geoscientists, [2009] B.C.J. No. 2186, British Columbia Court of Appeal, November 5, 2009, ...

The Appellant Engineer, and his engineering firm, appealed the decision of the Respondent regulatory body’s discipline committee, which found that the Appellants engaged in unprofessional conduct

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter – Evidence – Failure to provide reasons Assn. of Professional Engineers of Ontario v. Caskanette, [2009] O.J. No. ...

The appeal by a geoscientist (“Salway”) from a decision dismissing his application for judicial review of a Stipulated Order under which he admitted unprofessional conduct and agreed to a disciplinary regime other than the one provided for in the Engineers and Scientists Act, R.S.B.C. 1996, c. 116 was allowed where the Court found that the Association had no jurisdiction to adopt the Stipulated Order procedure

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Governance – Functions of a self-governing body – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Jurisdiction of Association – Compliance with legislation Salway v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2009] B.C.J. ...

The Court allowed an Appeal of a decision of the Respondent Association which had found the Appellant guilty of unprofessional conduct on account of the Appellant’s failure to respond to client inquiries. The Court found that the Respondent had erred in law in finding that the Appellant’s actions amounted to unprofessional conduct – the authorities established that any omission to act was required to go beyond mere negligence to be considered unprofessional conduct.

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Association of Professional Engineers – Engineers – Disciplinary proceedings – Professional misconduct – Judicial review – Standard of review – Reasonableness simpliciter – Evidence Salway v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2009] B.C.J. No. 384, British Columbia Supreme Court, March 2, 2009, R.J. ...