Court Dismisses Complainant’s Challenge of Investigation Committee Decision
In the recent decision of Emerman v. APEGBC, Mr. Justice Kelleher of the BC Supreme Court denied an application by a complainant to review a decision of the Association’s Investigation Committee not to recommend a disciplinary inquiry. The judge accepted the Association’s argument that the wording of the Engineers and Geoscientists Act does not provide a complainant with the right to challenge a decision of the Investigation Committee. This is the first time a Court has considered the question of whether a complainant could challenge a decision of the Investigation Committee.
A copy of the decision can be obtained by searching the judgments on the BC Courts website (www.courts.gov.bc.ca) or by contacting Bev Mitovic at the Association at bmitovic@apeg.bc.ca or (604) 430-8035 ext. 4869.