Claim Against Regulator is an Abuse of Process

A relatively recent amendment to the Court’s Rules of Civil Procedure allows a court to dismiss an action that “appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court”. That provision was recently used to dismiss an action against a regulator and those involved in the discipline of practitioner.

In Khan v Law Society of Ontario, 2019 ONSC 4974, <http://canlii.ca/t/j262p> a practitioner had been revoked after a discipline hearing on allegations of billing irregularities and alleged forged documents. While appealing the decision he also brought a civil claim for damages against the regulator on various grounds. The Court said: “you do not sue an adjudicative tribunal and its members because you disagree with the procedure and the result, especially when you are already appealing”.

This new rule of procedure permits the dismissal of a civil action in obvious cases through a streamlined process.

More Posts

Jurisdiction Over Cosmetic Procedures

Health regulators are receiving frequent expressions of concern about “medical spas” that provide cosmetic procedures. Complex questions arise as to the legal authority to provide

Interpreting Legislation vs Making Legislation

Regulators cannot enact legislation through policy. However, regulators frequently publish policies interpreting or applying their legislation. The line between those two activities is sometimes fine.

Investigative Choices

Investigations require the regulator and investigator to make multiple choices throughout. Registrants sometimes suggest that some of the choices made are unfair. Courts tend to

Don’t Ask for the World

It is a delicate task to word an investigative summons to produce documents. On the one hand, the investigator wants to ensure that all helpful