Professional Accountability and Duties Flashcards

Which Canadian case established that professionals owe a duty of care to third parties who may foreseeably rely on their work product?

Answer: Cooper v Hobart [2001] and the Anns/Cooper test

Cooper v Hobart [2001] 3 SCR 537 set out the Canadian test for novel duty of care. The two-stage Anns/Cooper test asks: (1) foreseeability and proximity, (2) policy considerations — this governs professional duties to third parties.

Under professional engineering law in Canada, what is the primary obligation that distinguishes a 'professional' from a 'technical' worker?

Answer: The obligation to exercise independent professional judgment and bear personal accountability for that judgment

The hallmark of a professional is the obligation and authority to exercise independent professional judgment — to apply specialised knowledge to specific situations and be personally accountable for the soundness of that judgment.

An engineer is engaged to review another engineer's work. What duty does the reviewing engineer owe to the client?

Answer: The duty to conduct an independent review and report findings honestly, including disagreements with the original work

A reviewing engineer owes the client an honest, independent professional assessment. If the review reveals errors or different conclusions, the reviewing engineer must report them — professional solidarity does not override the duty of honesty.

A client asks an engineer to provide a professional opinion on a topic outside the engineer's area of expertise. Under professional engineering obligations, what is the appropriate response?

Answer: Decline to provide the opinion, explain the limitation, and refer the client to an engineer with relevant expertise

Engineers must practise within their area of competence. If a requested opinion falls outside their expertise, they should decline and refer the client to a qualified specialist, rather than risk providing uninformed professional advice.

What does the obligation to 'report to the appropriate authority' mean for professional engineers in Canada when they become aware of a situation endangering the public?

Answer: The engineer must report to the provincial engineering regulator or other relevant authority (e.g., health and safety body, regulator) with jurisdiction over the danger

When public safety is endangered, engineers must report to the authority with jurisdiction over the specific danger — which may be the provincial engineering regulator, an occupational health and safety body, an environmental regulator, or other relevant authority, depending on the nature of the risk.

Under Canadian professional engineering regulation, what are the typical consequences of practising engineering while a licence is suspended?

Answer: Potential criminal prosecution under the engineering act, and possible further disciplinary action by the regulator

Practising engineering while suspended is a violation of the provincial engineering act and may constitute an offence subject to prosecution, as well as grounds for further disciplinary action, including extended suspension or cancellation of the licence.