Disciplinary Hearing - Ross L. Morton, Innisfail, AB
A complaint was made by the Practice Review Committee of the Association, alleging that Mr. Morton had breached Section 44 of the Engineers and Geoscientists Act (the “Act”), in that he had failed to submit a detailed proposal to address certain referenced areas of his practice, where improvement was required. The complaint was investigated by the designated reviewer and the Investigation Committee, but no replies were received to their letters to Mr. Morton. The Investigation Committee recommended an inquiry be held regarding Mr. Morton’s failure to respond to a request by the Investigation Committee for documents and information, contrary to section 30(4) of the Act. Commencing April 11, 2007, a disciplinary inquiry relating to the charges was held. Mr. Morton did not appear at the inquiry.
The discipline panel found the allegations were proven and after hearing submissions on penalty and costs, directed that within 60 days of the Order (executed May 7, 2007):
- Mr. Morton shall pay the Association a fine of $5,000.00; and
- Mr. Morton shall provide a response to the request from the Investigation Committee contained in the letter from Mr. Thiele of December 12, 2006 that is satisfactory to the Investigation Committee.
Mr. Morton was also ordered to pay the Association’s legal costs in the amount of $5,680.00 within 60 days. As Mr. Morton is no longer a member of APEGBC due to his failure to pay his 2007 annual fee, the Discipline Panel also recommended to Council that Mr. Morton not be reinstated until he has satisfied the penalty and cost orders.
A copy of the disciplinary panel’s decisions on liability and penalty can be found on the APEGBC website under “Enforcement and Discipline.” Further information on the investigation and discipline processes can also be obtained by contacting Bev Mitovic, Compliance Officer, APEGBC at bmitovic@apeg.bc.ca or (604) 412-4869 or toll-free 1-888-430-8035 ext 272.