Author: Rebecca Durcan

Deference and Decision Writing

When a medical regulator imposes restrictions on the registration of an anesthesiologist following adverse events, including concerns about inattention to patients and possible fabrication of

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Altering the Allegations

Once a matter has been referred to discipline, how much leeway does the regulator have to reword the allegations? That issue arose in Moodley v.

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The Other Side of Lauzon

Most of the attention in media and legal circles about the Ontario Court of Appeal’s decision in the Lauzon case will focus on the concept of judicial

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Disqualifying a Board Member

As the “culture wars” become more frequent in Canada, regulatory Boards (sometimes called Councils) will not be immune from challenges to its authority. Difficult decisions

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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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Respond to the Arguments

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

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Another Unfair Investigation

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

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