Regulation Pro Blog

Welcome to the Regulation Pro Blog. SML’s blog contains brief discussions of court decisions and other developments in professional regulation, with one or two new posts per week. Explore our catalogue below or on CanLII.

Please note that the information contained in Regulation Pro is not intended to be legal advice and is not intended to be acted upon. The information contained herein is intended for general information and educational purposes only.

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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Exceptional Circumstances

Courts are extremely hesitant to consider a judicial review application while an administrative process is ongoing. Such applications will generally be dismissed or stayed as

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Time Off for Good Behaviour

When discipline proceedings are protracted, what weight should be given on sanction to the registrant behaving professionally while the proceedings are ongoing? That issue took

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Preventing Trauma

The principle of open hearings has taken on greater significance in recent years. It is rare for the privacy interests of a party to regulatory

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Imaging Digital Devices

The authority and process for investigators to access and copy the electronic devices of registrants is an evolving area of law for regulators. A discipline

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Delaying Registration

There has been a recent emphasis on the need to process registration applications quickly. In Ontario, legislative timelines are imposed on regulators. The impact of

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