Evidence in Judicial Review of Examination Appeals
Wan v The National Dental Examining Board of Canada, 2019 BCSC 32 (CanLII), <http://canlii.ca/t/hwz7b> the Examining Board was permitted to file an affidavit from an
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Wan v The National Dental Examining Board of Canada, 2019 BCSC 32 (CanLII), <http://canlii.ca/t/hwz7b> the Examining Board was permitted to file an affidavit from an
Regulators often say that they have jurisdiction over a practitioner for their misconduct regardless of where it occurred. That proposition makes sense. The public is
There have been several reported cases where registrants have been unsuccessful in trying to prevent an investigation of their conduct by their regulator. The most
There are certain core principles for tribunals when they write reasons for their decisions. The bad news is that it is easy to violate those
Ontario’s Divisional Court has again affirmed the deference shown towards disciplinary decisions on sanction (penalty). In Ontario (College of Pharmacists) v. Mourid, 2023 ONSC 1221
Regulators investigate complaints. Many regulators investigate a lot of complaints. A recurring issue is how thorough those investigations need to be. Courts have repeatedly said
Can a registrant rely on mitigating factors that they earlier argued do not exist? That issue arose in College of Early Childhood Educators v. Phillips,
Committees that screen complaints and investigations do not make findings of wrongdoing or impose disciplinary sanctions. As such, a lower degree of procedural fairness is
While the Board of a regulatory body is quite different from a municipal Council, some analogies can be made in terms of their governance responsibilities.
If a registrant faces a serious allegation, should they be able to achieve a reduced sanction by obstructing the investigation? In Chimistes (Ordre professionnel des)
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