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 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 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.

27. July 2004 0
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, ...