Executive Summary: Key Legal and Evidentiary Issues

• Deliberate breach of a permanent injunction prohibiting unlicensed engineering practice and use of an engineer’s seal.

• Misappropriation and fraudulent use of a licensed engineer’s seal on permit documents submitted to municipal authorities.

• Persistent failure to acknowledge wrongdoing, express genuine remorse, or comply with court orders.

• Aggravating factors included repeated, concealed breaches for personal gain and risk to public safety.

• Mitigating factors considered were absence of a criminal record, some evidence of health concerns, and community support.

• Court determined incarceration and substantial indemnity costs as necessary to achieve deterrence and uphold regulatory authority.

Facts of the case

This case concerns the penalty phase following a finding of contempt against Mr. Benabdallah Chouchaoui and his company, Windsor Industrial Development Laboratory Inc. (“WIDL”), for violating a permanent injunction order. The injunction, issued on consent, prohibited Mr. Chouchaoui from describing himself as an engineer, engaging in the practice of professional engineering in Ontario, offering engineering services to the public, and using an engineering seal—all activities requiring licensure from the Association of Professional Engineers of Ontario (“PEO”) under the Professional Engineers Act.

Mr. Chouchaoui has never been licensed as a professional engineer in Ontario. The court found that he misused the engineering seal of Mr. Wilcken, a licensed PEO member, in building permit applications to the City of Windsor. Out of 48 pages bearing Mr. Wilcken’s seal, only 19 were genuinely sealed by him. Mr. Chouchaoui had affixed the seal to documents not prepared by Mr. Wilcken, altered dates on drawings, and resubmitted them as updated, using both digital and physical versions of the seal. These actions were found to be willful, deliberate, and involved elements of fraud and forgery.

Discussion of policy terms and relevant clauses

The central policy at issue was the permanent injunction order, which was intended to enforce the Professional Engineers Act. The Act restricts the use of the title “engineer,” the practice of engineering, and the use of an engineering seal to those properly licensed by the PEO. The injunction specifically barred Mr. Chouchaoui and WIDL from engaging in these activities without authorization. The misuse of the engineering seal undermined the regulatory framework designed to protect public safety and the integrity of the engineering profession.

Analysis of aggravating and mitigating factors

The court considered several aggravating factors: the deliberate and repeated nature of the breaches, the concealment of unlicensed practice, the risk posed to public safety, and the personal financial benefit derived by Mr. Chouchaoui. The conduct was found to erode the sanctity of the engineering seal and the regulatory authority of the PEO. Mr. Chouchaoui’s persistent denial of wrongdoing, lack of genuine remorse, and attempts to shift blame further aggravated the seriousness of the contempt.

Mitigating factors included Mr. Chouchaoui’s lack of a prior criminal record, some evidence of health issues, and letters from community members attesting to his character and contributions. However, these were not found to be strong mitigating factors, as the health evidence was limited and the community letters did not demonstrate awareness of the contempt finding or willingness to monitor alternative penalties.

Court’s reasoning and outcome

The court emphasized the need for both specific and general deterrence, especially given the public regulatory purpose of the Professional Engineers Act. The misuse of an engineering seal by an unlicensed individual was deemed particularly serious, as it could not be easily detected and posed a risk to public safety. The court found that penalties short of incarceration, such as fines, house arrest, or community service, would be insufficient given Mr. Chouchaoui’s lack of contrition and history of non-compliance with court orders.

After reviewing similar cases, the court determined that a custodial sentence was warranted but took into account the mitigating factors by imposing a 14-day period of incarceration, rather than a longer term. Additionally, the court awarded the PEO substantial indemnity costs in the amount of $21,144.85, to be paid by Mr. Chouchaoui in quarterly installments of $3,000 beginning January 1, 2026.

Ruling and overall outcome

The court ordered that Mr. Chouchaoui be incarcerated for 14 days commencing October 14, 2025, for his contempt of the injunction order. The Association of Professional Engineers of Ontario was awarded substantial indemnity costs totaling $21,144.85, with a structured payment plan imposed. The ruling underscores the seriousness of unlicensed engineering practice and the misuse of professional credentials, affirming the need for meaningful penalties to protect the public and uphold the authority of regulatory bodies. The successful party was the Association of Professional Engineers of Ontario, with a monetary award for costs clearly determined.