Truman V Association Of Professional Engineers Of Ontario: Ontario Divisional Court Applies Reasonableness Standard To Decision From The Discipline Committee Of The Association Of Professional Engineers

In its recent decision in Truman v Association of Professional Engineers of Ontario, 2016 ONSC 472 the Ontario Divisional Court applied a reasonableness standard of review to a decision from the Discipline Committee of the Association of Professional Engineers of Ontario (the "Discipline Committee"). This case also confirmed that the Divisional Court has the jurisdiction to award costs to the appellants of a Discipline Committee hearing.

The Professional Engineers Act, RSO 1990, c P.28 (the "Act") stipulates that complaints against professional engineers are investigated by a Complaints Committee. The Complaints Committee investigates and then decides whether to refer the matter to the Discipline Committee. Allegations are articulated by the Complaints Committee, and where the Complainants Committee deems appropriate, referred to the Discipline Committee. In this case, the appellants appealed the Discipline Committee's decision to refuse them costs of the Discipline Committee hearing.

The parties agreed, and the court accepted, that the standard of review to...