Regulators have seen this scenario many times. A practitioner is referred to discipline. The practitioner brings an application for judicial review to challenge the referral
The Alberta Court of Appeal indicates that it is almost impossible to find independent legal counsel (ILC) in discipline matters liable for malicious prosecution. In
Courts have said for some time that in standards of practice cases the regulator generally needs to call expert evidence. In Hanif v College of
It is an oversimplification to say that intent is not required to prove professional misconduct. Sometimes it is. The recent case of Law Society of
Sobeys challenged the validity of the rules restricting the ability of pharmacies to offer inducements (i.e., loyalty points) to patients purchasing drugs. After Sobeys had
Tribunal members are frequently admonished not to conduct independent research related to cases they hear. They are to obtain all of their information from the
A fundamental governance principle is that governing Boards or Councils should speak with one voice. When a decision has been made, individual Board or Council
What role should the complainant play in a regulator’s complaints and discipline process? One view is that the complainant merely provides information to the regulator
Many regulators prohibit the use of testimonials because they may be inherently unverifiable and, thus, misleading. In addition, the process of gathering testimonials tests the
In Toronto Police Services Board v Briggs, 2017 ONSC 1591, the Divisional Court dealt with whether the Ontario Human Rights Tribunal could hear an allegation