Author: Bernie LeBlanc

Technical arguments do not usually succeed in professional regulation unless there is some actual unfairness. Two recent cases confirm this principle. In Institute of Chartered

Everyone is required to make a report to the Children’s Aid Society about any reasonable suspicion that a child is in need of protection. A

The Supreme Court of Canada has provided detailed guidance on how adjudicators should approach joint submissions. While the case deals with a criminal case (a

Can a regulator have access to the member’s personal cell phone and residence? In McLean v. Law Society of British Columbia, 2016 BCCA 368 the

Are journalists’ notes exempt from regulatory investigators? The Court in Mulgrew v. The Law Society of British Columbia, 2016 BCSC 1279 says no. In an

In professional misconduct hearings the regulator generally does not have to prove that the practitioner deliberately engaged in the conduct. Proving the act or omission

In Groia v. The Law Society of Upper Canada, 2016 ONCA 471 the issue was balancing the duty of lawyers to be civil against the

It is a popular misconception that an organization has to be exercising a statutory power to be subject to judicial review. The courts have held

In Ontario the law is pretty well settled that complaints screening committees do not make findings of wrongdoing and do not impose sanctions when directing

Dr. Lum is a dentist in British Columbia with a long history of complaints, some of which resulted in remediation. However, he was in good