Courts are frequently tasked with deciding whether a discipline sanction should commence even though an appeal or judicial review is pending. Even where a court
Courts are more frequently requiring parties to complete the administrative process before seeking a judicial remedy. A prime example is found in Gill v. College
When an allegation is made that a practitioner failed to meet the standard of practice of the profession, the evidence often consists of both published
An appearance of bias can arise as a result of the way that a proceeding is conducted. In Kivisto v. Law Society of Ontario, 2021
It is a fundamental principle that a practitioner should know the allegations (and case) they will meet before their discipline hearing starts. Some exceptions exist
It is trite to say that a discipline panel can only make findings in respect of the allegations contained in the notice of hearing document.
Regulators sometimes address conduct by practitioners that are also being addressed by the courts. For example, a practitioner can be disciplined for sexual abuse and
After more than a decade, the Ontario Not-for-Profit Corporations Act will take effect as of October 19, 2021. It will replace the ancient Corporations Act
A Newfoundland and Labrador court has again affirmed the importance of raising appearance of bias concerns with a hearing panel before taking the issue to
Given the principle of proportionality (i.e., that the sanction in discipline cases should be relatively consistent), it is often difficult to raise the range of
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