Appearance of Bias related to Adjudicative Conduct
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
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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
A deliberate breach of an injunction restraining illegal practice deserves significant sanction. Such conduct is contempt of court. However, determining the severity of the sanction
For some professions, such as nursing, professionals are strongly discouraged from involving themselves in the care of family members is because it is difficult to
The Divisional Court of Ontario has again emphasized the stringent nature of the public interest test that applies to discipline panels that consider rejecting a