Given the strict judicial scrutiny of delays in criminal cases, regulators have been wondering whether those principles would creep into the professional discipline arena. Saskatchewan’s
Regulators, by their public nature, have to be prepared to accept criticism; even unfair criticism. Indeed, Courts have the power to prevent regulatory authorities from
Under the new standard of review of tribunal decisions, findings of fact are reviewed on the basis of whether there was a palpable and overriding
Tribunal members are given some leeway to question witnesses. Questions clarifying the evidence of a witness or even asking for additional explanation on a point
There are some cases in which many issues are raised and dealt with. Multiple points of learning on a diversity of topics can arise. Houghton
A recent decision of the Ontario Court of Appeal has provided additional guidance about making findings on credibility. In R. v Esquivel-Benitez, 2020 ONCA 160,
How should a regulator respond to a practitioner making repeated public accusations that it is acting with dishonesty and bad faith and was abusing its
The Supreme Court of Canada made an important decision changing the way courts will review the actions or decisions of administrative bodies, including regulators of
The Ontario Court of Appeal has rejected the proposition that courts should closely scrutinize the general transparency, accountability and adequacy of funding of delegated regulators:
In the high profile case of Howe v Nova Scotia Barristers’ Society, 2019 NSCA 81, http://canlii.ca/t/j3085 a lawyer was found at discipline to have “been