Test for Establishing Negligent Investigations<
Regulators are sometimes criticized for their investigations. Most regulators are protected for actions taken in good faith, even if negligent. However, to the extent that
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Regulators are sometimes criticized for their investigations. Most regulators are protected for actions taken in good faith, even if negligent. However, to the extent that
Few decisions were as anticipated by the legal profession as was the Supreme Court of Canada verdict in Groia v. Law Society of Upper Canada,
Most regulators have some staff members who are also registered members of the profession. Occasionally misconduct complaints are made against these staff members even though
In Toronto Star v. AG Ontario, 2018 ONSC 2586, http://canlii.ca/t/hrq6s, the media outlet brought a wide ranging challenge to the practice of many, but not
Often a major dispute in a proceeding is who has to do what until the matter is finally decided. Courts frequently rely on the status
The groundbreaking June 2016 report of the Independent Advisory Group into the regulation of the real estate industry in British Columbia contained the following recommendation:
One of the most difficult allegations to prove during discipline is regarding conduct that is only misconduct if it is done cumulatively. For example, being
In Thistle v. Law Society of Newfoundland and Labrador, 2017 CanLII 86502 (NL SCTD), a practitioner was disciplined for inappropriate conduct in mortgage transactions. The
Regulators offering a limited number of examination attempts face frequent requests to nullify an attempt by candidates who have been unsuccessful the maximum number of
In Law Society of British Columbia v Sprague, 2017 BCSC 2025 the regulator sought an injunction against Mr. Sprague for practising law. Mr. Sprague argued
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