Constricting Confidentiality Clause
Can a witness summoned by a regulator decline to answer questions because they owe a duty of confidentiality to their employer? In the Matter of
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Can a witness summoned by a regulator decline to answer questions because they owe a duty of confidentiality to their employer? In the Matter of
Courts are reluctant to review a referral of allegations to discipline by a screening committee. In Walia v. College of Veterinarians of Ontario, 2020 ONSC
Quorum requirements are strict; if a tribunal does not have quorum, it cannot decide a matter. However, how strictly should quorum requirements be interpreted where
In discipline matters, a settlement agreement should be taken seriously. While there may be rare circumstances where a party can resile from such an agreement
Courts tend to require discipline panels to ensure that any sanctions imposed are consistent with previous orders in similar cases. This is often referred to
Where a practitioner is disciplined in another jurisdiction, a Canadian regulator typically also wants to act. If the conduct relates to incompetence or unprofessionalism, the
Complex issues can arise where a practitioner is registered in multiple jurisdictions and misconduct concerns exist. In Mema v Chartered Professional Accountants of Alberta, 2020
A recurring issue is whether regulators should publish a disciplinary decision where the decision is under appeal. On the one hand, publication would protect the
During the early months of the pandemic the New Brunswick regulator for pharmacists felt the urgent need to be able to waive some of its
Sometimes when an appeal from a discipline decision is successful, the court returns the case to be reconsidered by a differently constituted panel. However, when