Author: Rebecca Durcan

In discipline matters, abuse of process claims are generally premised on excessive delay and require prejudice to the registrant to result in a stay of

In a discipline hearing, procedural fairness is intended to ensure that the registrant knows the concerns and has a full opportunity to respond to them.

Many regulators routinely publish allegations in discipline and enforcement proceedings before their final determination. Doing so facilitates transparency and arguably permits members of the public

Courts tend to give deference to regulators when they enact subordinate legislation such as regulations, by-laws, or rules. So long as the provision furthers the

There is significant discretion in imposing a penalty for civil contempt of court for breaching an order prohibiting the unauthorized use of title, holding out,

Courts have been fond in recent years of dispensing with hard and fast rules and using a contextual approach of whether, “in all of the

It is, unfortunately, not uncommon for some applicants to use the protected title and begin practising before the application for registration is completed. Regulators struggle

Regulators can act when registrants engage in sexual innuendo on TikTok, at least when the postings relate to their practice, and they are health practitioners.

Can a regulator make a finding of professional misconduct against a registrant based largely on the evidence of a witness who has a strong motivation

Most bodies that screen complaints use a variation of a two-part test in determining whether a discipline hearing is indicated: Is the complaint serious enough