Disciplinary Hearing - Jamal J. (Jay) Asfar, North Vancouver, BC
Mr. Asfar authored an expert report with respect to reconstruction of a motor vehicle accident. The Judge hearing the case refused to admit into evidence Mr. Asfar’s report on the basis that he was not shown to have the qualifications to provide opinion evidence in this area. The Association was advised of the Judge’s ruling and wrote to Mr. Asfar advising that this potential breach of the Code of Ethics would not be investigated so long as it did not occur again. Mr. Asfar subsequently contacted the Association and made comments suggesting he may still be working in the area. The matter was brought to the Investigation Committee which determined that it should investigate the matter. Staff was directed to write to Mr. Asfar and request certain documents and information. Staff wrote to Mr. Asfar three times but did not receive a response to the request. The Investigation Committee recommended an inquiry be held regarding Mr. Asfar’s failure to respond to a request by the Investigation Committee for documents and information, contrary to section 30(4) of the Engineers’ & Geoscientists Act. On August 30, 2006, a disciplinary inquiry relating to the charges was held. Mr. Asfar did not appear at the inquiry.
The discipline panel found the allegations were proven and after hearing submissions on penalty ordered that Mr. Asfar’s membership in the Association is suspended until he has provided a complete response to the Investigation Committee’s request for documents and information.
Mr. Asfar was also ordered to pay the Association’s full legal costs in the amount of $4,500.
As a suspended member, Mr. Asfar may not use the titles “P.Eng.” or “professional engineer” or any other title implying he is a professional engineer.
Copies of the disciplinary panel’s decisions on liability and penalty in the Asfar matter can be found in the Enforcement and Discipline section of the APEGBC website. 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.