Limits to Bad Faith Allegations Against Regulatory Staff
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
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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
In discipline matters, regulators generally do not have to prove that the practitioner had malicious or dishonest intent to engage in the conduct. Failing to
If a practitioner is registered in two jurisdictions, which should proceed first with the investigation and hearing? This issue arose in Mema v Chartered Professional
There is continuing ambiguity as to the impact of a practitioner’s bankruptcy proceedings on disciplinary sanctions. The goal of the bankruptcy process is to enable
How long should a person be jailed for contempt of court for a second breach of a restraining order for illegal practice? British Columbia’s highest
Health regulators in Ontario are required to post on their website information about complaints decisions that result in remedial directions (e.g., to attend for a
Some regulators have the authority to award costs to a practitioner where no finding of professional misconduct is made and the referral to discipline by
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