The Petitioner, the Association of Professional Engineers and Geoscientists of British Columbia (the “APEGBC”) had standing to bring the Petition since the enabling legislation separated the investigative, prosecutorial and adjudicative functions of the APEGBC. The clear purpose of the Act was to establish the independence and impartiality of the three functions. The Petitioner was not seeking to recover judgment against itself; rather it was seeking a determination of the correctness of a ruling made by a statutorily created panel with distinct functions and responsibilities. However, the court could not conclude that the panel’s decision represented an error on the face of the record.
Administrative law – Engineers – Governance – Functions of a self-governing body – Discipline committee decisions – Statutory provisions – Judicial review – Compliance with legislation – Remedies – Certiorari Assn. of Professional Engineers and Geoscientists of British Columbia v. Visser, [2004] B.C.J. No. 1053, British Columbia Supreme Court, May 25, 2004, Cullen J. The APEGBC sought, ...