APEGA Statement on Mihaly Appeal of Queen’s Bench Decision
Ladislav Mihaly is appealing the Court of Queen’s Bench January 26, 2016 decision to uphold The Association of Professional Engineers and Geoscientists of Alberta’s (APEGA) appeal. Justice Ross reversed the decision of the Alberta Human Rights Commission (AHRC) tribunal and also dismissed Mr. Mihaly’s cross appeal.
Mr. Mihaly’s appeal of the decision will be heard by the Alberta Court of Appeal. No court date has been set.
The Court of Appeal is the last level of appeal unless one of the parties is granted leave by the Supreme Court of Canada to appeal to that Court.
In 2008, Mr. Mihaly had complained to the AHRC alleging that by being asked to write confirmatory examinations by the APEGA Board of Examiners, in order to be registered as a professional engineer in Alberta, he was being discriminated against based on his country of origin, the Slovak Republic. An AHRC tribunal found in Mr. Mihaly’s favour.
The AHRC tribunal decision, were it to stand, would have significant negative impacts on the ability of regulators to ensure entrance qualifications are met. This would result in an unacceptable increase in risk to public safety and well-being. APEGA maintains – and the Court of Queen’s Bench confirmed – that its application process is non-discriminatory, fair, equitable, and transparent and that the same rigorous standards should apply to all applicants for licensure as professional engineers or geoscientists