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JOHN SINNETT, P.ENG.
Editor's Note: APEGGA Council requires
that The PEGG publish Discipline Committee decisions. Following
are the details of a committee decision of May 28, 2003, involving
the above.
BACKGROUND
On Jan. 31, 2001, the Discipline Committee received, from
the Investigative Committee, a referral and charges for a
discipline hearing concerning Mr. Sinnett. After obtaining
the availability of all necessary parties, a hearing date
of May 8, 2001, was set.
On Feb. 27, 2001, the Discipline Committee issued a formal
notice of hearing and served copies on the member and on the
Investigative Committee (the "parties"). At the
same time, the Discipline Committee, according to its standard
process for disclosure of documents, requested that the parties
provide, to the panel and to each other, copies of documents
on which they intended to rely at the hearing.
On April 30, 2001, the member, through his counsel, applied
for an adjournment of the May 8, 2001, hearing. The Investigative
Committee did not oppose the application and the adjournment
was granted. On July 4, 2002, the Investigative Committee
applied to have the hearing rescheduled and a date of Oct.
25, 2002, was set. Both parties submitted documents according
to the Discipline Committee's disclosure process, and these
were provided to the panel on Oct. 18, 2002.
THE CHARGES
The matters brought forward by the Investigative Committee
and to be decided in this case were:
1. Whether or not Mr. Sinnett, on behalf of Innovare Technologies
Inc., refused payment to Mr. Tim Gorman, P.Eng., for services
rendered in 1996 and 1997 on the basis that the services rendered
by Mr. Gorman were deficient, but did not permit Mr. Gorman
a fair or reasonable opportunity to address or correct these
suggested deficiencies.
2. Whether or not Mr. Sinnett, by reason of the foregoing
and on behalf of Innovare Technologies Inc., has wrongfully
refused payment to Mr. Gorman, for services rendered as identified
on invoices numbered 96-12 and 97-1.
3. Whether or not Mr. Sinnett's conduct in the foregoing
respects constitutes unprofessional conduct and the contravention
of APEGGA's Code of Ethics, Rule 10.
THE HEARING
The hearing took place at the Association's offices at 1600,
734 7 Ave. S.W., Calgary, Alberta, on Oct. 25, 2002. Barry
Massing represented APEGGA's Investigative Committee. James
Thornborough represented Mr. Sinnett. The hearing was not
completed in a day and was subsequently scheduled to reconvene
on January 24, 2003.
On Jan. 16, 2003, the Investigative Committee requested that
the Jan. 24 hearing be adjourned, indicating that the parties
intended to approach the Discipline Committee panel with a
joint submission regarding the disposition of the case. Mr.
Thornborough confirmed that he did not oppose the application.
On March 11, 2003, the joint submission was received and
the parties' positions on whether they wished to make further
oral representations were requested. Mr. Massing and Mr. Thornborough
indicated that they did not wish to make any further representations.
The joint submission was put before the panel on March 21,
2003.
AGREED STATEMENT OF FACTS
In their joint submission dated March 5, 2003, the parties
agreed as follows:
J. M. Sinnett, P.Eng., on behalf of Innovare Technologies
Inc., wrongfully refused payment to Timothy Gorman, for services
rendered as identified on invoices numbered 96-12 and 97-1.
That the foregoing respects constitutes a violation of Rule
10 of the APEGGA Code of Ethics and unprofessional conduct.
ORDERS
Having considered the joint submission on orders, the panel
makes the following orders:
1. Mr. Sinnett is to be reprimanded for unprofessional conduct.
2. Mr. Sinnett is required to successfully complete the Professional
Practice exam within six months of the date this decision
is served on him.
3. Mr. Sinnett's professional registration shall be suspended
if he fails to comply with Order 2 until such time as he does
comply with Order 2.
4. Mr. Sinnett shall pay to the Association costs of $5,000
towards the hearing; such costs are to be paid within 60 days
of the date this decision is served on him.
5. Mr. Sinnett's professional registration shall be suspended
if he fails to comply with Order 4 until such time as he does
comply with Order 4.
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