This matter came on for hearing before a panel of the Discipline Committee on September 28, 2004 at the Association of Professional Engineers of Ontario (the "association") in Toronto. The association was represented by Bruce Matthews, P.Eng., manager, complaints and discipline. David E.J. Brouillette, P.Eng., was represented by Gary Gibbs of Steiber Berlach Gibbs. The allegations against David E.J. Brouillette, P.Eng., ("Brouillette") stated in the fresh notice of hearing dated September 27, 2004 are as follows: It is alleged that the member is guilty of professional misconduct as defined in the Professional Engineers Act, R.S.O. 1990, c. P-28 (the "Act"), the particulars of which are as follows:
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