Penalty Again
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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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
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