At day 39 of what would turn into a 60 day registration hearing, the applicant raised an appearance of bias concern. The concern was that
Occasionally, practitioners raise the issue of the ineffective assistance of defence counsel as a ground for reviewing an adverse disciplinary decision. This sort of issue
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