Fishing Expeditions and Frustrated Investigations

Regulators do not have a duty to ensure that practitioners under investigation are satisfied that the investigation is well supported before the practitioner provides information to the regulator. In Cusack v Law Society of Ontario, 2019 ONSC 5015, http://canlii.ca/t/j284r the practitioner was under investigation for allegations that he permitted the unauthorized practice of law. The practitioner refused to provide the files requested by the regulator unless he first had disclosure of the basis of the investigation and had an opportunity to make submissions on the scope of the disclosure requested. The practitioner questioned whether the investigation might be a fishing expedition. In upholding the resulting discipline finding for non-cooperation the Divisional Court said:

The Law Society is one of many self-governing professions in the Province of Ontario. It is fundamental to the ability of a self-governing profession to properly regulate itself. Part of self-governance is the ability to discipline its members where professional misconduct occurs. The ability to discipline can only occur where the professional body has the ability to investigate its members when confronted with a complaint. A full and complete investigation provides confidence to the general public that it can rely on a self-governing profession. … [T]he failure of someone under investigation to co-operate in an investigation results in delay that can jeopardize the collection of evidence, including the obtaining of statements from witnesses. Ultimately, this can result in the backlog of investigations, which can lead to an erosion of confidence in the ability of the Law Society to self-regulate itself.

The Court said there was no disclosure obligation on the part of the regulator unless the matter was referred to discipline.

More Posts

Failed Delivery

In Real Estate Council of Alberta v More, 2026 ABKB 459 (CanLII), the regulator received several complaints about a former registrant’s conduct which raised serious

Challenging Disciplinary Findings

In Bacchus v. Royal College of Dental Surgeons of Ontario, 2026 ONSC 3415 (CanLII), the registrant appealed a discipline panel’s decision on the basis that

Perhaps, Maybe, Sometimes

Some regulators have whistleblower policies. Most commonly, they are for internal use as a safeguard to ensure that the regulator and its leadership are conducting

Cameras and Confidentiality

A nefarious intent is not required in order to constitute a breach of client confidentiality. A plastic surgeon faced disciplinary, privacy enforcement and civil consequences