Case information
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37174
Behrouz Salehi v. Association of Professional Engineers of Ontario
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-05-11 | Close file on Leave | |
| 2026-05-11 | Correspondence (sent by the Court) to, parties; regarding applicant's motion not accepted for filing. | |
| 2025-01-29 | Correspondence (sent by the Court) to, Nothing further letter sent to all parties | |
| 2021-11-23 | Reconsideration not accepted for filing, (letter signed by the Acting Registrar and sent by email) | |
| 2021-09-08 | Letter acknowledging receipt of a complete motion for reconsideration, (sent by email) | |
| 2020-11-05 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2020-09-04 |
Motion for reconsideration of the application for leave to appeal, (Letter Form), (a revised motion rec'd 2021-03-31) MISSING: - An amended Form 47 - Memorandum of argument not exceeding 10 pages - A sworn affidavit in support of the motion - Proof of Service, Completed on: 2021-09-08, (Printed version due on 2020-09-14) |
Behrouz Salehi |
| 2017-03-23 | Correspondence (sent by the Court) to, all parties, re: cover letter and certificate of taxation | |
| 2017-03-23 | Certificate of taxation issued to, Mr. Bernard C. LeBlanc | |
| 2017-03-23 | Decision on the bill of costs, in the amount of $3,276.57, Reg | |
| 2017-03-23 | Submission of the bill of costs, Reg | |
| 2017-02-10 | Bill of costs, Completed on: 2017-02-10 | Association of Professional Engineers of Ontario |
| 2017-02-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-02-03 | Judgment on leave sent to the parties | |
| 2017-02-02 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C61480, 2016 ONCA 438, dated June 3, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2016-12-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2016-10-11 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-10-11, (Electronic version filed on 2016-10-12) | Behrouz Salehi |
| 2016-10-04 | Notice of name, (Letter Form), (Electronic version filed on 2016-10-04) | Association of Professional Engineers of Ontario |
| 2016-10-04 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-10-04) | Association of Professional Engineers of Ontario |
| 2016-10-04 | Respondent's response on the application for leave to appeal, (Book Form), (4 volumes), Completed on: 2016-10-04, (Electronic version filed on 2016-10-04) | Association of Professional Engineers of Ontario |
| 2016-09-06 | Letter advising parties of a complete application for leave to appeal, FILE OPENED 2016/09/06 | |
| 2016-09-02 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-08-31 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-10-12) | Behrouz Salehi |
| 2016-08-31 | Application for leave to appeal, (Book Form), Completed on: 2016-08-31, (Electronic version filed on 2016-10-12) | Behrouz Salehi |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Salehi, Behrouz | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Association of Professional Engineers of Ontario | Respondent | Active |
Counsel
Party: Salehi, Behrouz
This party is not represented by counsel.
Party: Association of Professional Engineers of Ontario
Counsel
Natasha S. Danson
401 Bay Street,
Suite 2308, P.O. Box 23
Toronto, Ontario
M5H 2Y4
Telephone: (416) 644-4780
FAX: (416) 593-7867
Email: bleblanc@sml-law.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Summary
Keywords
None.
Summary
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Charter of rights – Discrimination – Torts – Negligence – Duty of care – Association of Professional Engineers of Ontario – Statutory immunity for good faith performance of duties – Whether motions judge erred in granting summary judgment and dismissing applicant’s action for negligence – Professional Engineers Act, R.S.O. 1990, c. P-28, s. 45(1).
Mr. Salehi, applicant, brought an action against the Association of Professional Engineers of Ontario (“APEO”), respondent, alleging negligence and bad faith in the processing and approval of his engineering licence application. The APEO moved for and obtained summary judgment dismissing the action. The motions judge concluded that there was no genuine issue requiring trial. In particular, he found that the APEO did not owe a prima facie duty of care to Mr. Salehi, or, if it did, it was negated by residual policy considerations. Alternatively, the motions judge found that if the APEO owed such a duty of care, it benefitted from statutory immunity for the good faith performance of its duties pursuant to s. 45(1) of the Professional Engineers Act, and Mr. Salehi had failed to establish any bad faith on its part in processing the licence application. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-13-492401, 2015 ONSC 7271
Motion for summary judgment granted; action for negligence dismissed
Court of Appeal for Ontario
C61480, 2016 ONCA 438
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available