The Court dismissed the Appellant Architect’s appeal of a decision made by a discipline committee of the Respondent Ontario Association of Architects which found him guilty of two counts of professional misconduct by affixing a seal or permitting a seal to be affixed to a design not prepared under the personal supervision and direction of a member/holder of a temporary licence. Where the issue is integrity, there is no equivalent functional need for peer review or expert evidence as there would be for disputes concerning the standard of practice. The Discipline Committee did not err in law in concluding that the conduct of the member/holder was dishonourable and unprofessional without receiving peer or expert opinion on the issue. As well, there was no compelling reason to interfere with the Discipline Committee’s decision on penalty and costs.

28. July 2009 0
Administrative law – Decisions of administrative tribunals – Association of Architects – Disciplinary proceedings – Supervision of trainee – Professional misconduct – Penalties and suspensions – Judicial review – Compliance with legislation – Jurisdiction – Evidence – Standard of review – Reasonableness simpliciter Cheung v. Ontario Assn. of Architects, [2009] O.J. No. 2230, Ontario Superior ...

The appeal of the College of Hearing Aid Practitioners of Alberta (the “College”) from the decision of the Health Disciplines Board (the “Board”) reversing a decision of the College Conduct and Competency Committee (the “Committee”) regarding the conduct of a member (“Zieniewicz”) was dismissed. The Court of Appeal found that the Committee failed to properly consider all evidence at the hearing of Zieniewicz and that the Board properly applied the standard of review in reversing the Committee’s decision.

27. January 2004 0
Administrative law – Decisions of administrative tribunals – College of Hearing Aid Practitioners – Disciplinary proceedings – Evidence – Professional misconduct or conduct unbecoming – Supervision of trainee – Delegated supervision – Judicial review – Standard of review – Reasonableness simpliciter – Correctness College of Hearing Aid Practitioners of Alberta (Council of) v. Zieniewicz, [2003] A.J. ...

A senior air traffic controller (“Hudgin”) succeeded in obtaining an order overturning the decision of the Appeal Panel of the Civil Aviation Tribunal which had confirmed a penalty against Hudgin for giving instructions contrary to the applicable standards governing the separation of aircraft on a runway. The court held that Hudgin was not in breach of his statutory duty as the improper direction at issue was actually made by a trainee under the supervision of Hudgin.

23. April 2002 0
Administrative law – Aeronautics – Air traffic controllers – Supervision of trainee – Compliance with legislation – Judicial review – Standard of review – Unreasonableness Hudgin v. Canada (Minister of Transport), [2002] F.C.J. No. 369, Federal Court of Appeal, March 14, 2002, Décary, Sexton and Evans JJ.A. On December 16, 1997, an air traffic controller-trainee at ...