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)
Complaints screening committees, unlike true adjudicative committees, sometimes directly engage in negotiations with registrants. For example, they might propose a remedial disposition, the acceptance of
The concept of “incompetence” on the part of a practitioner (“registrant”) for the purposes of disciplinary action has not been frequently discussed by the courts.
Discipline sanctions must not be clearly unfit (at least in contested cases; a different test applies where there is a joint submission on penalty). In
In Alberta Securities Commission v Hennig, 2021 ABCA 411 (CanLII), https://canlii.ca/t/jl93g, Alberta’s highest court took a narrow view as to when disciplinary sanctions of a
A recent Alberta case reaffirms that regulators with the authority to compel information from registrants can require a registrant to give the regulator a copy
Generally, regulators cannot be sued successfully for damages unless they acted in bad faith. Bad faith must be pleaded with particulars; a bald allegation is
Many regulators view Intimate Partner Violence as a serious matter in which they have a significant role to play. For the medical profession, at least,
Hearings de novo are strange creatures of administrative law. In effect, they are a complete redoing of a prior administrative decision – by a different
Increasingly, regulators are being asked to deal with complaints that a practitioner made public statements without a reasonable basis for making them. Another example of
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