Banning Publication

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Courts and tribunals operate from the default position that their proceedings are open to the public and the information revealed during the hearing is also public. Restrictions on access to that information require evidence that they are necessary to prevent a serious risk to an important public interest.

Rhyno v Nova Scotia Barristers’ Society, 2019 NSCA 67, http://canlii.ca/t/j1r3b gave guidance as to when this test is likely to be met:

The identities of clients of the practitioner will often be protected because the professional confidentiality requirements create an expectation of privacy of that information and because disclosure may discourage clients from coming forward to the regulator.
The identities of third parties involved in the events will ordinarily not be protected because there is no expectation of privacy.
The medical information of the practitioner may be protected from disclosure because it is inherently personal and private.

This decision provides some guidance to regulators as well.

Fairness for Administrative Revocations

It is typical for a registrant to be suspended if they do not pay their fees on time. Usually, their registration is eventually revoked if

Investigator Handling of Solicitor-Client Communications

Occasionally regulatory investigators gathering evidence come across solicitor-client communications. Typically, but not always, these are communications between a registrant and their lawyer. Handling such communications

Disputes with Colleagues

Registrants sometimes fall out with each other. Occasionally, the registrants try to engage the regulator in the dispute. Regulators often try to avoid becoming involved.

Adjournment Adjudications

Tribunals are becoming increasingly strict about granting adjournments. Many now address in their rules of procedure the need for parties to be ready to proceed