Author: Bernie LeBlanc

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

A classic example of where courts must balance the public interest in competent and ethical practice against the private interests of registrants is when registrants

Not every imprudent action by a registrant constitutes professional misconduct. At some point the conduct is “an understandable error” or “too trivial” to reach that

When a participant in a discipline matter is concerned about the conduct of an adjudicator, they typically bring a motion to the discipline panel. However,

Regulators, understandably, wish to avoid the legal complexity and expense of discipline hearings whenever possible. For example, many regulators can administratively suspend or revoke the

The subject of when regulators should cooperate with police investigations raises complex policy and legal issues. On a policy level, regulators can be criticized for

Jail is an option for unregistered persons who persist in practising a profession without authority or who mislead the public as to their unregistered status.

In criminal law, courts are required to apply the Gladue principles to defendants who identify as Indigenous. This duty requires courts to consider the impact of colonization

Since the decision of Agnew v Ontario Assn. of Architects (Div. Ct.), 1987 CanLII 4030 (ON SC), the principle of deliberative secrecy has been applied to tribunals.

In recent decades, procedural fairness generally requires disclosure to the parties of the information that is before the decision maker. Otherwise, it is challenging for