Author: Bernie LeBlanc

Exceptional Circumstances

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

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Imaging Digital Devices

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

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Considering the Response

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

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Risky Resolutions

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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A Suspension Is a Suspension

Ontario’s Divisional Court has upheld a finding that a registrant engaged in professional misconduct by trying to circumvent the impact of a suspension. In Casella

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Competence is Not a Defence

It is not a defence to an allegation of illegal practice that one provides excellent services. In College of Dental Technologists v. Ahmed, 2024 ONSC

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Of Trees and Forests

Since the decision of the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (CanLII), [2019] 4 SCR

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Four Rulings (But No Funeral)

British Columbia’s highest court dealt with several distinct issues in the appeal from the discipline findings in Ahmadian v. Law Society of British Columbia, 2023

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Respecting the Rules

Hearing tribunals can make rules of procedure for parties to follow. While tribunals sometimes consult on changes to their rules, they alone have the authority

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