Enforcing Cooperation with Investigations
Regulators often enforce their registrants’ duty to assist with investigations by disciplining them for non-cooperation. However, regulators with a provision in their enabling legislation authorizing
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Regulators often enforce their registrants’ duty to assist with investigations by disciplining them for non-cooperation. However, regulators with a provision in their enabling legislation authorizing
Courts give deference to the credibility findings of discipline panels and will only interfere where there is palpable and overriding error. One form of palpable
Courts give significant deference to the investigative choices of regulators. However, twice in just over one month, Ontario’s Divisional Court has found a regulator’s investigation
Refusing an adjournment is a tricky business for a regulator. Where a reviewing court determines that the adjournment should have been granted, the resulting hearing
Where a tribunal makes a procedural error, prompt correction can permit the hearing to continue without immediate challenge. In Hemminger v. Law Society of British
Receiving a complaint from one’s regulator can be stressful. Studies have shown that participating in a complaints process increases one’s risk of experiencing mental illness,
When facing serious allegations, registrants may offer to resign, (and sometimes undertake to never reapply), in return for avoiding a discipline hearing and a formal
Regulators often have registrants on staff. Things can get complicated where the regulator disciplines a registrant staff member for their conduct while on staff. In
In recent years, regulators have more frequently addressed offensive behaviour towards colleagues and coworkers as serious professional misconduct. For example, in Ontario College of Veterinarians
Mark September 14, 2022, as the beginning of serious reform of the regulation of legal services. On that date, the Ministry of the Attorney General
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