Author: Bernie LeBlanc

No Discrimination Found

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

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Curing Procedural Deficiencies

Procedural missteps by a regulator can often be cured. In Volochay v College of Massage Therapist, 2019 ONSC 5718, http://canlii.ca/t/j2np8, serious allegations of sexual abuse

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False Factual Findings

When a tribunal makes an erroneous factual finding a court will review the significance of the error in determining whether to set aside the decision.

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What Constitutes Malice?

To establish a cause of action against a regulator for malicious prosecution, the plaintiff has to, obviously, plead and establish malice. In Bahadar v Real

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What Do we Do Now?

Administrative mistakes happen. The challenge then is to figure out an appropriate response. In Hilson v 1336365 Alberta Ltd., 2019 ONCA 653, <http://canlii.ca/t/j1x45>, three members

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