Applicants for registration often become frustrated when the regulator probes into areas of concern relating to their professional suitability (sometimes called “good character”). In Howell
Several court decisions indicate that a complainant enjoys a legal privilege when filing a formal complaint to a regulatory body and are immune from a
Discipline panels often must decide how to consider a registrant’s medical conditions or personal stress when imposing a sanction. Alberta’s highest court provided guidance on
Courts are much higher on the decision-making ladder than administrative tribunals. Courts can reverse tribunal decisions and issue directions for them to follow. Court decisions
Further guidance has been given by Ontario’s Divisional Court as to when an extensive delay in investigating a complaint amounts to an abuse of process.
The recent decision in Khan v. Law Society of Ontario, 2024 ONSC 3092 (CanLII), has sparked renewed interest by regulators of professions in whether the
Courts are extremely hesitant to consider a judicial review application while an administrative process is ongoing. Such applications will generally be dismissed or stayed as
The authority and process for investigators to access and copy the electronic devices of registrants is an evolving area of law for regulators. A discipline
The three principles of procedural fairness for regulators are: give notice, provide an opportunity to respond, and then consider the response. Most challenges to regulatory
Negotiated resolutions are generally considered a good thing, including in the discipline hearing context. They generate an almost certain outcome, without the risk of unpredictable
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