Suing for Damages Rather than Quashing the Regulatory Decision
It is a general principle that where a legislative scheme provides a route to challenge a regulatory decision, that route must be followed. For example,
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It is a general principle that where a legislative scheme provides a route to challenge a regulatory decision, that route must be followed. For example,
Regulated individuals often argue that a regulator’s conduct (or inaction) amounts to an abuse of process. However, the doctrine applies equally to regulated individuals. In
The Professional Standards Authority (PSA), the oversight body for health and social care regulators in the UK, has recently published a reflective blog on its
One of the most difficult tasks for a discipline panel is assessing the credibility of witnesses, particularly in sexual misconduct cases where most of the
The decisions of many complaints screening committees are subject to scrutiny by an independent tribunal. One of the options for the reviewing tribunal is to
The main issue in Caine v. Ontario College of Teachers, 2022 ONSC 2592 (CanLII), https://canlii.ca/t/jnzv7 was the discipline panel’s consideration of the credibility of witnesses.
When a Council or Board member of a regulator has a conflict of interest, is simply declaring the conflict sufficient? A recent municipal Council case
Over two decades ago, the Court of Appeal for Ontario issued a comprehensive decision protecting information obtained or used by health regulators from being used
In MacDonald v College of Dental Hygienists of Ontario, 2022 ONSC 632 (CanLII), https://canlii.ca/t/jm3zz, a practitioner who was found to have engaged in a sexual
The complaints decisions of many regulators are subject to external scrutiny. The scrutiny is often focused on whether the public interest was served. The test
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