The Ontario Court of Justice at Peterborough, Ontario fined an Ajax resident $5,000 for applying a facsimile of a professional engineer’s seal to a building permit application and related documents without the knowledge or consent of the professional engineer.
NODSOL Inc. and its principal, Nadeem Ismaili, submitted a building permit application and related documents to the City of Peterborough. The application and documents used a professional engineer’s seal without that engineer’s knowledge or consent.
On February 5, 2024, Ismaili pled guilty to one count of breaching section 40(2)(c) of the Professional Engineers Act and NODSOL pled guilty to one count of breaching section 40(3)(b) of the Professional Engineers Act in connection with this conduct. Justice of the Peace Jason Mariasine imposed a $5,000 fine on Ismaili. NODSOL received a suspended sentence and a two-year probation order. Because NODSOL’s sentence was suspended, if PEO learns that NODSOL has breached the Act or the other terms of its probation order, it may return to court to make sentencing submissions on the original conviction, including fines that should be imposed, at that time.
Emily Fraser (counsel) from the Toronto law firm Polley Faith LLP, represented PEO on the matter. PEO would like to thank the City of Peterborough and the engineer for their cooperation in this investigation.
PEO reminds the public that the unauthorized use or forgery of a professional engineer’s seal on construction or design drawings is a quasi-criminal offence under the Professional Engineers Act. Such conduct may also result in criminal charges under the Criminal Code of Canada.
Professional Engineers Ontario administers the Professional Engineers Act to serve and protect the public interest by licensing Ontario's 90,000 individual practitioners and engineering firms. Professional engineers can be identified by the P.Eng. after their names. When retaining the services of an engineer or engineering firm, the public may search the directories of licensed professional engineers and authorized professional engineering companies at peo.on.ca/directory. Inquiries regarding unlicensed individuals and unauthorized companies may be made to PEO through its enforcement hotline at 416-840-1444 or 1-800-339-3716 ext 1444 or the e-mail address [email protected].
For additional information or interviews: Duff McCutcheon, Manager, Communications, Professional Engineers Ontario, Tel: 416-797-8175, Email: [email protected].