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Update regarding Notice of Motion advanced by AATO

In September 2024, the OAA reached out to those formerly known as Licensed Technologists OAA and past participants of the OAA Technology Program to make them aware of a draft Notice of Motion (NOM). This NOM came from the legal counsel of the Association of Architectural Technologists of Ontario (AATO) and alleges the OAA is in contempt of the May 10, 2023 Court Order. (Click here to learn more about the Court Order.)

In November, the AATO filed an amended NOM that requests the following relief from the Court:

  1. An order finding the Respondent the Ontario Association of Architects (OAA) guilty of civil contempt of the Order of Justice Akbarali dated May 10, 2023 (the “May 10, 2023 Order”);
  2. An order prohibiting the Registrar of the OAA and the OAA from issuing certificates of practice (CoPs) or licences to former Licensed Technologists OAA or any persons whose licences were voided as the result of the May 10, 2023 Order without a regulation to do so under the Architect’s Act;
  3.  An order prohibiting the Registrar of the OAA and the OAA from issuing certificates of practice or licences to persons on the basis of both an “exemption” under s. 25(8)(b) and “terms, conditions, and limitations” under s. 25(8)(c) of the Architect’s Act;
  4. An order declaring that the Registration Committee of the OAA has and had no lawful authority to order the Registrar of the OAA to issue certificates of practice or licences to former Licensed Technologists OAA, persons whose licences were voided as the result of the May 10, 2023 Order, or any other persons on the basis of both an “exemption” under s. 25(8)(b) and “terms, conditions, and limitations” under s. 25(8)(c) of the Architect’s Act;
  5. An order declaring that any certificates of practice or licences issued by the Registrar of the OAA to former Licensed Technologists OAA, persons whose licences were voided as the result of the May 10, 2023 Order, or any other persons on the basis of both an “exemption” under s. 25(8)(b) and “terms, conditions, and limitations” under s. 25(8)(c) of the Architect’s Act are void ab initio and of no force and effect;
  6. An order that the OAA pay a fine in the amount of $50,000;
  7. Costs of the motion to the AATO on a substantial indemnity basis; and
  8. Such further and other relief as may be ordered by the Court.

The hearing of AATO’s motion is scheduled for April 10, 2025. In accordance with the agreed schedule, the parties delivered sworn affidavits and completed cross examinations, and are in the process of completing written briefing in advance of the hearing. In cooperation with legal counsel, the OAA is vigorously opposing the motion.

As a reminder, amendments to Regulation 27 have been filed under the Architects Act to allow for the issuance of limited licences to Licensed Technologists starting January 1, 2025. Additional information about limited licences and the OAA Technology Program, including information about how to apply, may be found on the OAA Website here.

To see previous communications related to the Court Order, visit the OAA Website.

If you have any questions, please do not hesitate to directly contact OAA Executive Director Kristi Doyle.
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