Welcome to the Regulation Pro Blog. SML’s blog contains brief discussions of court decisions and other developments in professional regulation, with one or two new posts per week. Explore our catalogue below or on CanLII.
Please note that the information contained in Regulation Pro is not intended to be legal advice and is not intended to be acted upon. The information contained herein is intended for general information and educational purposes only.
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
Balancing Public Protection and Fairness
Ontario’s highest court has discussed the mandate of regulators of professions in The Law Society of Upper Canada v Watson, 2026 ONCA 372. The Court
If We Don’t (Yet) Have National Registers, Can We Have More Unified Registration?
Much has been said in recent years about the value and benefit of provincial harmony in regulation. We recently posted about the possibility of national
Institutional Bias vs Deliberative Privilege
Ontario’s highest court has reaffirmed the importance of the deliberative privilege protecting the internal workings and discussions of administrative tribunals. The decision relates to a
The Consequences of a Regulator Breaching Confidentiality
Confidentiality provisions can be tricky. The criteria for when a regulator can disclose confidential information are often complex. Improper disclosure of otherwise confidential information can
Careless Bad Faith
Most regulators cannot be sued for damages (money) unless they act in bad faith. More than two decades ago, the Supreme Court of Canada said
Distinctions and Differences
Discipline tribunals are increasingly asked to make nuanced legal distinctions. An example is Bujacz v. Ontario College of Teachers, 2026 ONSC 1265, where a discipline
Reinstatement: Reweigh or Reasonableness
Where a tribunal or court has the power to review a decision on a “reasonableness” standard, it must not reweigh the evidence. Some guidance on
If We Can’t Have a National Regulator, Can We Have a National Register?
While the Supreme Court of Canada has said in Reference re Pan‑Canadian Securities Regulation, 2018 SCC 48 (CanLII), [2018] 3 SCR 189, that a national