Author: Rebecca Durcan

Leaked Tribunal Documents

What can a tribunal do when one of its former members discloses to outsiders confidential information about its internal processes? The Court in Derenzis v

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Standards and Sanctions

Two of the more challenging issues with which discipline tribunals cope are determining whether a registrant’s conduct fell below accepted standards of practice and, where

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Standoff

In registration matters, regulators often ask for additional information to support the application. Often the application is considered incomplete until all of the requested information

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Publishing Findings Pending Appeal

Balancing a regulator’s duty of transparency against a registrant’s interest in privacy can often be challenging. Perhaps none would be more daunting than the balancing

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The Residual Category

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

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Publishing Notices

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

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When Is a Rule Targeted?

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

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